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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

Maintenance question

10 replies

Blueskyonthehorizon · 12/04/2017 09:25

DH and I are separated. DC live with me. 1 stays overnight once a week with DH, though this is new. He pays me Child Maintenance each month at a rate a little lower than gov.uk say but I earn more than him. We both work. I pay all the childcare costs. He has just been made redundant and has been paid a lump sum. Should he up his payment as a percentage of that, or just pay the same? I'm aware that next month and until he gets a job he will have no income. So the lump has to pay his rent and bills for an unknown period. I suspect this may be longer than he anticipates. He will probably spend it on crap anyway and be in the shit quite soon. I am expecting him to stop payments completely very soon. If this happens, what do I do?

OP posts:
Original poster
Blueskyonthehorizon · 13/04/2017 01:01

Anyone please?

OP posts:
Original poster
Blueskyonthehorizon · 13/04/2017 21:57

Please don't make me put this on Aibu!! I'm too fragile for that. Blush

OP posts:
usernjdhkvdgkb · 13/04/2017 22:02

Is it a private arrangement or through CSA?

If through CSA I believe as he isn't now earning he will just get put on the basic amount about £5 a week or something and I don't think they will expect him to pay more as a one off due to s lump sum

If private then I don't think there is anything you can do if he decides not to pay

But I'm sure someone more knowledgeable will be along to answer soon

eatingtomuch · 14/04/2017 08:08

My ex DH was made redundant and would have received a sizeable payout. He continued the monthly payments as previously agreed. Once he got a job we calculated the payments based on new salary.

Runningissimple · 14/04/2017 08:26

The CSM payments are based on the P60 from the previous tax year. Phone them and ask for advice - it's quite easy to talk to someone.

He should contribute regardless of what you earn. I earn less than my ex, I suspect I contribute more then him as I am the RP.

Your ex should contribute regardless of changing circumstances. That is what providing for a child is! I would try and get some of the lump sum for your child.

I know it's difficult though Flowers

Runningissimple · 14/04/2017 08:26

CMS!!!

heidiwine · 14/04/2017 09:59

My understanding (based on a private arrangement) is that redundancy payments should be used to continue maintenance at same rate until another job is found. I don't know if this is a legal obligation though and I don't know how CMS work.

Bigglassofwineplease · 14/04/2017 10:07

My ex made loads of promises. Made himself redundant, spent the payoff on a car, got a new job, doesn't see the kids, moved away and pays the minimum. My solicitor says that he is morally duty bound to fulfil the promises he made but not by law. I really feel for you. If you go the CMS route it will affect your relationship with him too. Some men are very good at playing the system and take advantage of us trying to keep the peace.

Bigglassofwineplease · 14/04/2017 10:09

But if you aren't bothered about keeping the peace then go through the CMS route. Good luck hun.

Bigglassofwineplease · 14/04/2017 10:10

And make sure you get as much as possible through any divorce.....

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