Child Maintenance Advice

[AreSomeGoldfishJustDicks]

Just looking for a bit of advice..

In the process of splitting with my partner of 7 years. He owns the house we live in but is currently unemployed and basically paying interest only on the mortgage with savings.

I'm trying desperately to find a private rent and will be topped up on my wages with UC thankfully but he's already told me he won't be able to afford to give me anything for our 2 DD's.

I know I won't be able to go through Child Maintenance services as he is unemployed but does anyone know if it'll make a difference that he has the house as an asset?

Unfortunately things are bad here right now and we're not on speaking terms so trying to discuss this with him is not going to be easy.

If it makes any difference he's not a British citizen but does have settled status.

Thanks in advance.

[Honeysuckle16]

Just wanted to respond as I see you’ve yet to have a reply and are in a very tough situation. I’m no expert on this but I’ve done a bit of digging out of information for you. Maybe someone with more experience will come along later.

There is an excellent site posted by a family law solicitors who explain child maintenance clearly and comprehensively I think. Link is https://blanchardslaw.co.uk/the-ultimate-guide-to-child-maintenance-everything-you-need-to-know/

They state that you should apply to the CMS even if you think your ex has no income. If he starts to claim benefits they will be told immediately, similarly if he starts a new job. They’ll ask him to declare savings and all assets.

It appears that a family home can’t be used to pay a higher rate of CM unfortunately.

If he claims benefits the CM is very low at £7 weekly. However, if he gets a job, the increased CM will be back-dated to the start of his employment.

You should consult a solicitor asap. Many solicitors give a free 30 minute consultation.

It isn’t acceptable that he simply declares he can’t pay CM. He has a legal and moral responsibility to pay for his children and needs to be made aware of this. He should be actively seeking employment or offering to pay from his savings. The responsibility he has towards his children is equal to, if not greater than, paying the mortgage. Time for a wake up call.

Good luck in finding your way through this minefield.

[CatCatCatCatCatCat]

No it won't count and also remember there is no guarantee you will get maintenance even on benefits my ex doesn't have to pay as he has "priority debts" they won't take payments if they owe any debts.

[caringcarer]

I think it's worth going to CMS because you usually get about £6-7 a week. It isn't a lot but they are his DC so he needs to contribute too. Will he be looking after them a few days a week. If so he wouldn't have to pay maintenance if he had the DC 50/50.

[CatCatCatCatCatCat]

He does not need to have 50/50 if he is on benefits and has the child 52 nights a year or more he won't have to pay anything at all. (This applies to those on benefits)

[AreSomeGoldfishJustDicks]

Thank you all so much for your replies. Unfortunately it was what I was expecting but I think I will take some legal advice so I know for sure.

Thank you again.

[AreSomeGoldfishJustDicks]

Sorry I meant to add, he's planning on selling up and moving back to his home country at some point, so in that scenario I'm probably completely screwed.

With regards to him having them 50/50 while he's still here, I can't see that happening.

Unfortunately he's reverted back to a teenage boy and prefers to spend all his time gaming and trading crypto. Gonna make millions apparently 🙄. We've just become a burden to him so I can't see him stepping up massively.