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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.

Child maintenance

15 replies

AustinRd · 20/06/2020 12:59

Anybody know what happens to child maintenance if Ex loses their job? I appreciate they may not be earning but they will have receive redundancy and will just have been paid c250k as part of the financial settlement from divorce.

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AllsortsofAwkward · 20/06/2020 13:04

Reducancy isnt taken into account as far as I'm aware op.

Bollss · 20/06/2020 13:09

If they have no income they pay out of jobseekers benefits something like £7 a week through CMS. If you have a separate agreement made during divorce it might be different.

AustinRd · 20/06/2020 13:42

So they can sit on nearly 300k (settlement and redundancy) and pay nothing? Unbelievable

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HogDogKetchup · 20/06/2020 13:44

Yes. CMS is out of taxable income, not savings.

ClosedDoors · 20/06/2020 13:45

Are you getting a split of the house in the divorce?

Placesrobe7099292 · 20/06/2020 13:45

I guess it will be whether you are on good terms with the Ex etc as to whether he will still pay which is rubbish.

Could it save on childcare costs if he is jobless now though- is if kids are nursery age etc?

Other than that it’s just a rubbish situation and hopefully he will get a job soon.

LaurieFairyCake · 20/06/2020 13:51

Have you definitely had the settlement agreed? No chance to go back and ask for the split to be more in your favour as you are now solely paying for the children ?

AustinRd · 20/06/2020 13:57

No settlement agreed. I’ve been trying to engage him and/or buy him out for over a year. He refuses to engage as he doesn’t agree the estate agent valuations. We are in court next month.
Not on good terms as he had dragged us through 18m of CAO court as he refuses 4 separate Cafcass reports (we are on 3rd final hearing). All an unnecessary mess as I was happy to be grown up but it’s a matter of his way or no way no matter what is happening or he’s told!

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LaurieFairyCake · 20/06/2020 13:58

Then you could ask for much more of the settlement and forego ongoing child support payments?

AustinRd · 20/06/2020 14:00

Id happily forego his money if he let the children breathe. It’s more the principal that I know he will refuse to pay because he’s not earning (he’s a near 6 dig salary earner) I can stand on my own 2 feet I’m not financially dependent

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LaurieFairyCake · 20/06/2020 14:04

But you asked about maintenance.

Just trying to find a way for your children to get money - not suggesting you need his money, they do

LaurieFairyCake · 20/06/2020 14:05

He's clearly a nobhead who will refuse to pay

whatsnext2 · 20/06/2020 14:05

All money received during marriage goes into joint 'pot' and should be split equally. Check wikivorce forum. Unless he spends it before the settlement like mine did ....

Bollss · 20/06/2020 14:12

@AustinRd

So they can sit on nearly 300k (settlement and redundancy) and pay nothing? Unbelievable
I believe so though you could get some legal advice perhaps? There might be something you can do?
AustinRd · 20/06/2020 14:19

Thanks all @LaurieFairyCake no worries as I said it’s about doing things right and fairly for the kids. I’d much sooner close the door on that chapter and move forward. I’ll let my barrister figure out the right strategy that puts the kids front and centre. 2020 will see the end of all the court cases and will Finally end in divorce (I hope!! Lol)

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