Child Maintenance and matrimonial debts

[OscarWinningTits]

Can anyone here tell me about matrimonial debts being a mitigating issue in ExH's liability for child maintenance? This might end up quite long.

During our marriage, for most of it he was the sole earner doing night shifts and he ran up a lot of debt keeping the household bills paid. I was mainly a SAHM, did have a small business (which I tried hard to fit around motherhood) but it was not profitable, and I ran myself into the ground healthwise as had no practical support and no family nearby. Had a miscarriage (which I put down to the stress of it) and then when DC1 started school I closed the business.

Got pregnant with DC2, worked p/t around school hours while pregnant, and got laid off about 3 months before due date. After maternity leave I looked for work, then he was offered a job somewhere new and we moved for that.

DC2 got into nursery and when they started school I got a care job. My wages paid for things such as swimming lessons, school dinners, haircuts, clothes, a lot of small costs. I didn't go out, drink, smoke, buy luxuries or crap.

ExH thinks that because I 'made him run up the debts' by not contributing to the household, and because he is still paying off said debts, which were all in his name, that this affects his liability to pay CM.

Can anyone shed any light? This is the cause of much bitterness and loathing. Thanks for any info.

p.s. He took to his FB page, telling the world that I basically owed him £25k.

CM is unconnected to the financial agreement reached through divorce.
You might get less from the house/pension pot etc because the debt is taken off the marital assets (assuming you're married) but child maintenance is a completely separate issue. Apply through the CSA immediately.

@OscarWinningTits Under CMS rules, he is correct that debts incurred for the family would result in a downwards variation of the amount that he pays until the debt is paid off.

He is being an arse - but it sounds like you should have tried a lot harder to financially contribute by giving up a failing small business, and just got a part-time job like everyone else. You only had one child - don't pull the motherhood card - it doesnt give you an out.

This says marital debt repayments can be taken into account in regards to child maintenance payments. It may depend exactly how the debt is classified. If you're not married I'd count myself lucky you won't have to take on half the debt which a court might order in a divorce.
https://www.nidirect.gov.uk/articles/other-financial-commitments-child-maintenance-cases#:~:text=These%20are%20called%20'special%20expenses,or%20a%20long%2Dterm%20illness

These are marital dents that he’s built up trying to keep afloat because you didn’t financially contribute. They’re joint and can be factored into cms, as they should tbh.
they’ll also be considered in any asset split, rightly