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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 when ex loses job but has tens of thousands in the bank?

10 replies

whycantitbecalm · 28/12/2023 19:52

So my ex of just one month, claims to be being made redundant next month.
He says he won't be able to make maintenance until he then gets another job.

I suggested that he paid a smaller amount in the interim as i know he has over 50,000 in the bank, he said as he will be classed as unemployed he doesn't need to legally pay.

So answers on a postcard please, do i have a leg to stand on?

If he doesn't pay anything i have a couple of thousand in the bank so would be using my own savings to sub his loss despite knowing he could pay if he chose to, which would last me a few months then i would need to consider selling the house Hmm

Anyone know the legalities of this?

OP posts:
LondonQueen · 28/12/2023 19:54

I believe CSA can include savings in calculations.

Mindymomo · 28/12/2023 19:56

I would put a claim in now with CSA, just to get the ball rolling.

Thatswhy11 · 28/12/2023 19:58

Did you have a private arrangement? Can he have the kids more days since he has more free time now?

whycantitbecalm · 28/12/2023 20:02

@Thatswhy11 they are late teens and refuse to spend time with him because of the abusive way he has previously treated us all unfortunately

OP posts:
whycantitbecalm · 28/12/2023 20:03

@Mindymomo @LondonQueen thank you, we had a private agreement without officially going through the CSA so will contact them direct and see what they say too

OP posts:
Unexpectedlysinglemum · 28/12/2023 20:03

Were /are you married

Pickles2023 · 28/12/2023 20:06

If its in savings, you can apply for a variation and they use the interest as income. Thats what i read on cms website.

https://www.nidirect.gov.uk/articles/other-financial-commitments-child-maintenance-cases

Here it says how to apply and what they take into account :)

Thatswhy11 · 28/12/2023 20:08

You will have to go down the CMS, probably request a mandatory review of his earnings... it's a long process but my exs earnings have soon shot up from £30 CMS to £450!

whycantitbecalm · 28/12/2023 22:55

@Unexpectedlysinglemum we have been divorced a month

OP posts:
millymollymoomoo · 28/12/2023 23:03

They won’t take cms from savings but can from any interest earned on it ( which will be a pittance )

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