Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
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

Can I get child support?

16 replies

denpark · 14/10/2023 14:12

Ex-DH and I are currently going through a divorce. He is living at the family house but dating another woman and spending some nights at hers. He hasn't paid anything towards any bills/food/anything for the children in a long time.
Can I go through the CSA? I cannot rely on him giving me any money and I'm struggling on my own

OP posts:
Babyroobs · 14/10/2023 14:14

Yes you can apply to the CMS.

Original poster
denpark · 14/10/2023 14:27

Even if he still lives in the house? That would be so helpful

OP posts:
Babyroobs · 14/10/2023 14:37

denpark · 14/10/2023 14:27

Even if he still lives in the house? That would be so helpful

Are you still living there too ? You didn't make that clear?

Original poster
denpark · 14/10/2023 14:47

Yes. I live here with the children. He comes and goes as I can't legally get him to leave yet

OP posts:
Babyroobs · 14/10/2023 14:48

denpark · 14/10/2023 14:47

Yes. I live here with the children. He comes and goes as I can't legally get him to leave yet

If you consider yourself separated then it should be fine to claim CMS.

Original poster
denpark · 14/10/2023 15:22

We have the decree nisi and waiting for the absolute

OP posts:
millymollymoomoo · 14/10/2023 21:21

Gave you sorted finances and living arrangements longer term?

Original poster
denpark · 15/10/2023 15:08

Trying to. In mediation but he's refusing to swap financial documents so now having to apply for a court order

OP posts:
Lizzt2007 · 15/10/2023 15:21

I'd be very surprised if cms would open a claim at this point as you're both still in the family home. Cms is usually based on how many nights the children spend with each parent in their home, and if it's 50/50 not usually payable. Neither of you are having the children more 'nights' than the other as your all living in the same house.

Thequeenofwishfulthinking · 15/10/2023 15:25

If you have a decree nisi then yes you can apply to the Child Maintenance Service. Otherwise you would have to be classed as living separately within the same property.
Have a look online to see what you are entitled to for the children.
It’s problematic where a paying party is self employed and if this is the case I’d advise you to go to the Citizens Advice Bureau.

EmmW14 · 15/10/2023 16:43

See if this might give you some guidance. http://iamlip.com/ I think you should be able to do that. Hope this resource can help xx

FSTraining · 15/10/2023 17:56

You can claim CMS if you have the children more nights than him. That's not always easy to prove when you are still under the same roof though.

Original poster
denpark · 15/10/2023 22:15

Thank you so much for all the advice. He goes out all the time, is dating someone else and will often stay over there. He contributes nothing financially and it's a nightmare. I am here every night with the children apart from one night a week for a few hours. He does absolute bare minimum

OP posts:
Purplelady1 · 27/12/2024 06:25

Late poster here! How did it go PP?

Flopsythebunny · 27/12/2024 07:29

Lizzt2007 · 15/10/2023 15:21

I'd be very surprised if cms would open a claim at this point as you're both still in the family home. Cms is usually based on how many nights the children spend with each parent in their home, and if it's 50/50 not usually payable. Neither of you are having the children more 'nights' than the other as your all living in the same house.

It's a good job your "surprise " isn't based inn the law

New posts on this thread. Refresh page