Does he not have to pay for the kids?

[singlemumof2]

To keep a long story short. My ex h walked out a while ago after getting someone else pregnant. We've two young kids under age of 10
He was paying me £60 per week for the kids until recently (since finding out he's becoming a dad again)
Hes just told me he will not be contributing anymore, but will still be taking the children. I'm on benefits at the moment thanks to getting diagnosed with a illness just over a yr ago. Ex H claims because I get an amount for being a single mum with 2 kids he doesn't have to contribute anything because " I get covered for that under my benefits for being a single mum" ??

I'm so confused because he had been contributing here while I was on benefits this past year or more. In fairness I didn't always get the £60 a week, the payments were sporadic but he'd always get paid on track and then it would fall behind again BUT he was making payments even if they were all over the place.

I understand he will now have four children to manage but how is that my fault? He isn't claiming he's not paying because he's other children to look after he's simply sticking to the excuse of "you get paid a subsidised amount for having the children and being a single parent so technically I don't have to pay you anything"

The kids are with him one midweek and every other weekend so he's claiming he needs the extra money to supply his own clothing etc for the kids at his house.

I've no idea if he is correct in what he's telling me. He's on benefits himself but he also does undeclared work so I don't think cms is going to be any help to me seeing as they see it as he's not much income coming in and the fact he will have two other children to provide for. I feel very deflated that he's doing this. I struggle to manage financially as it is, as any parent will understand, so doing it alone mentally and financially its draining. I'm completely shocked at what he's saying to me and no clue if he's correct on what he's spouting to me about his reason that he doesn't need to help out here, and all when it's coming up to Christmas and I've santa to manage and kitting the kids in warm clothing. I'm really fretting

Why haven’t you claimed CMS ? Of course he has to support his children !
Why do so many men try to wriggle out of their responsibilities?? ( Been there)

Contact CMS. Of course you being on benefits doesn't mean he gets off paying.

This is what CMS is for just contact them today and set up a claim, he doesn't get to opt out of contributing to his current children but it will receive a deduction for the new child. This may or may not be more than you were currently getting £60 is low.

My ex husband is on benefits I get £29 a month via CSA and was told if he was to ever start having them over night then he would not be expected to pay me anything. He has no contact with the children whatsoever so I still get my measly £29. I’m sorry the system is so flawed and you find yourself in this position.

Tell him you are going to report he has undeclared income to the tax man if he doesn’t contribute. And follow through in that threat!

Yes, he should be paying. You're right that CMS probably won't do much if its undeclared. This is why you should report him to the DWP for benefit fraud and HMRC for dodging his taxes.

He owes you Child Maintenance. He’s using benefits as an excuse when you are entitled to your benefits and child maintenance. Go straight to CMS.

Claim CMS too even if he only has to pay a nominal £5 make him pay it. Then tell him unless he pays towards his DC you will contact HMRC. You have nothing to lose. He has.

He should be paying but if he's not got employment income you will probably get sweet FA.

My ex is on benefits and he pays £30 a month for 3 kids. And he has a new one. So I think that's what you'll roughly get. Go to cms and at least claim it

This is terrible. What a bloody awful system.

Unless he is doing 50% of childcare then he is legally obliged to pay child maintenance. Myself and EXH spilt childcare evenly and he doesn't pay maintenance.

Yes you are entitled to maintenance as s lone parent. It is disregarded in gull for benefit purposes - even if it was £1000 per week you would still be entitled to full benefit. He must pay small amount even if he's on benefit.

As for him working on the side - report him for fraud. Folk stealing benefit really annoy me, especially feckless fathers.

You won’t get much if he is on benefits or maybe nothing at all. My ex is on benefits so I get nothing for my children as he has “priority debt” so no they don’t always have to pay.

He is incorrect and either he’s mistaken or he’s having you on (which I think is more likely). You won’t get much from him as he’s on benefits but I’d put in a claim with CMS and make you get what your children are entitled to. You never know, might light a fire under him to get a job and take financial responsibility for all these children he keeps helping to produce as benefits don’t go far.

Go onto the entitled to benefit checker, it will give you the figure.
I'm not sure if you can declare his cash in hand because it's untraceable 🤷🏻‍♀️
You can report him to dwp if you want.

Of course he has to pay. My CSA payments reduced slightly when he had more children but he doesn't get to stop paying completely!

U can try CMS but be prepared to get nothing.

My ex claimed cms for our child who was living with him, apparently because he was on benefits and I was working it was an automatic thing and he did not apply for it, was told to. I am unsure if this is true though. Immediately I put in a counter claim for our other child and got £5 a week.

Yes he has to pay - it might not be that much because he is on benefits, and CMS are crap at tracking down undeclared income, but he still has to pay. The amount of your benefits doesn’t “cover” him, it covers the fact that you don’t have a lot of income.

He is only having the kids a minimal amount of time, so it’s not like it’s a 50:50 thing, which usually means no maintenance. The fact he has other child will be taking into account, but it doesn’t wipe out his contribution. The fact he has the children a few days a week also reduces the maintenance as compared to if you had them 100% of the time, and that reduction is because he has to pay for the expenses related to them having another home with him.

I also agree with those saying report his undeclared income.

I’d not bother with CMS. You’ll get less. Tell him you’ll report to DWP and HMRC and will continue to do so until the kids are 18- unless he continues to pay you with £60 a week. That buys your cooperation on his cheating the system. He’s lying or an idiot saying he doesn’t need to contribute as benefits cover his duty!

Tell him you'll report him to DWP for benefit fraud unless he gives you a contribution for HIS children.
How long has he been working illegally?
How much does he 'earn' what does he do that's under the radar? Is it legal? Or Is he a drug dealer/seller of stolen goods?
There aren't that many legal ways of earning cash in hand.

Has he got a new partner who is pushing him not to pay anything?

Priority Debt?! I'd be interested to learn what debt takes priority over his children. Interested, but not surprised alas.

This is not a new thing. Child maintenance is currently number 14 on the list of priorities with 13 debts coming before it including rent arrears, court fines, UC advances, council tax etc, there is a new plan for even less to be taken from benefits as it currently stands at 25% I believe it will be moved down to 15% meaning these debts will take even longer to pay off. I have not had a payment in 2 years as my ex owes priority debts so anyone thinking they have to pay is wrong there’s many that get away with paying nothing