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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

Child Maintenance

31 replies

GentlemanJay · 07/03/2023 23:47

Does an ex partner have an obligation to pay child maintenance if the custody is split 50:50. The ex partner is a much higher earner, if that is relevant?

OP posts:
taxpayer1 · 08/03/2023 21:06

"This is especially shocking when maintenance for many men is far below the cost of raising a child, around £7 a week if they're on benefits, or self employed or cash in hand and claiming they're not earning. Still thinking the problem is the greedy women?"

How do you know that? Maintenance for many men? How many? How many are on benefits or self-employed? Or you just make a statement out of your

RandomMess · 08/03/2023 21:08

Yes via CMS even when it's split 50:50 if one parent is a much higher earner than the other then some maintenance is usually payable.

Obviously if self employed this is more difficult to establish.

BetterFuture1985 · 08/03/2023 21:22

isthistheendtakeabreath · 08/03/2023 14:25

@taxpayer1
Say you have a situation where the father would want more contact - 50/50 - not to get out of CMS but for genuine reasons. BUT they are on low income (they could earn more though but choose not to) and the cost of childcare 50% of the time would be twice that they currently pay in CMS under current set up (less than 1 night per week) so in effect they can't afford to pay it - should the other parent pay the childcare for the fathers "days" and agree they can have 50/50? Morally? Ethically? Should the RP lose the CMS and get stuck with full childcare costs?

If the father was genuinely in this situation they would probably qualify for some UC including the childcare element.

isthistheendtakeabreath · 09/03/2023 13:12

@BetterFuture1985
So he could claim childcare UC even though I can't? And I'm the RP and the children live with me?

I assumed also that since our divorce agreement states he won't get his equity until 2025 then he wouldn't qualify for UC as he is named on a property? (And then in 2025 he'll get a lump sum of tens of thousands so again then in excess of the savings cap of £16k) - I have googled that but can't seem to find an answer on claiming benefits when you are named on a mortgage?

BetterFuture1985 · 09/03/2023 16:27

isthistheendtakeabreath · 09/03/2023 13:12

@BetterFuture1985
So he could claim childcare UC even though I can't? And I'm the RP and the children live with me?

I assumed also that since our divorce agreement states he won't get his equity until 2025 then he wouldn't qualify for UC as he is named on a property? (And then in 2025 he'll get a lump sum of tens of thousands so again then in excess of the savings cap of £16k) - I have googled that but can't seem to find an answer on claiming benefits when you are named on a mortgage?

Just being named on a mortgage doesn't prevent you claiming benefits. In fact, you can even be a homeowner outright and be eligible for universal credit. In fact, you can even get help with a mortgage on universal credit!

Having a wad of cash in the bank however does affect universal credit. The reason for this is because if the money is not in your main residence or in a pension, then in theory you can use that money to generate an income. So it's not the money itself that is the problem but the view by the state that you should be able to generate income for yourself with your assets (and they assume an income far in excess of what the best fund managers could achieve!)

On the subject of being the RP vs NRP, that's beyond my level of competence I'm afraid. However, I thought this was 50/50 shared care? In which case wouldn't the norm be for the lower earner to receive the child maintenance and be the RP?

RainbowBrightside · 10/03/2023 08:45

Dinersaur · 08/03/2023 07:00

I can't remember where it was to link it but sure I've seen before that after 3 years, a high proportion of separated fathers are not playing an active role in parenting, with a new partner being a common catalyst. Can't remember where it was but anecdotally for me it stacks up too.

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Doesn’t surprise me in the slightest. I don’t have any links either but I’ve heard anecdotally that around 40% of non resident parents don’t even pay maintenance. It may even be more 🤷‍♀️

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