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Original poster

Child Maintenance

28 replies

cleowasmycat · 28/10/2019 16:58

Hi,

We currently have a private arrangement based on gov calculations. My ex has now said his girlfriend and her two children may move in and he is also going to voluntarily increase his pension contributions dramatically so maintenance will reduce. Is this right? I'm struggling as it is!

All advice appreciated.

OP posts:
millymollymoomoo · 28/10/2019 19:04

From a cms calculation perspective yes that’s correct

sittingonacornflake · 28/10/2019 19:40

Sadly yes. What I would recommend is you go through CMS. It sounds as though he's purposefully trying to pay you less so I imagine if / when he gets pay rises he's never going to tell you. If you go through CMS they get his earnings direct from HMRC and they review it every year so when his pay goes up so does the children's.

Sorry I have just realised you didn't actually ask for advice!

Original poster
cleowasmycat · 28/10/2019 20:22

Her children should reduce my maintenance though should it?

OP posts:
prh47bridge · 28/10/2019 20:54

If you were going through the CMS, increasing his pension contributions would reduce the amount he pays you unless his pension contributions are excessive.

Yes, her children would reduce your maintenance. He would be regarded as supporting them which, under the current CMS calculation, would reduce his payments to you by 14%.

Aloe6 · 28/10/2019 20:58

Unfortunately yes to both. It’s a loophole that he’s exploiting. It’s still worth going through the CMS as PPs have advised as I doubt he’d be decent enough to let you know if he got a pay rise too.

Original poster
cleowasmycat · 28/10/2019 21:09

Even if her children are also receiving child maintenance from their own father?

OP posts:
PatriciaHolm · 28/10/2019 21:15

Yes, I'm afraid so. The financial arrangements the girlfriend has with her ex are not taken into account.

Original poster
cleowasmycat · 28/10/2019 21:25

I imagine the fact his own daughter dislikes her a lot won't be taken into consideration either. Confused

OP posts:
Original poster
cleowasmycat · 29/10/2019 11:20

Hi,

I've looked again and I think that my my daughters maintenance will only reduce if they marry.

OP posts:
sosoverytired · 29/10/2019 11:25

No. If they are living together than maintenance will reduce to include the children living at his address.

Original poster
cleowasmycat · 29/10/2019 11:48

In England, UK? They re supported by their own father with their own child maintenance.

OP posts:
prh47bridge · 29/10/2019 12:32

Yes, in the UK in England. The fact the mother receives child maintenance from the father is irrelevant. Under the relevant legislation, her children count regardless of whether or not he marries her.

sosoverytired · 29/10/2019 12:33

Yes. If they all live together than maintenance reduces

Original poster
cleowasmycat · 29/10/2019 12:38

That's totally unfair

OP posts:
Sotiredofthislife · 29/10/2019 14:47

It will only reduce if he asks for it to be taken into account that he is living with children. He may not ask. Agreed, it’s unfair.

Butterflyone12e · 29/10/2019 15:03

Your ex has moved on with his life and whilst you might think it seems unfair, you should always realise you have to rely on yourself to support your children.

You can go through CMS but they will also take a percentage so whatever you receive will reduce.

BarrenFieldofFucks · 29/10/2019 15:34

I'm pretty sure she does realise, they live with her after all. However the father has equal responsibility.

Sotiredofthislife · 29/10/2019 16:01

Your ex has moved on with his life and whilst you might think it seems unfair, you should always realise you have to rely on yourself to support your children

Ah yes, the ex’s new partner can have herself, her ex and her new partner take a leave of financial responsibility for her children but the OP? Well, she should just shut up, eh?

Jesus wept.

kitk · 29/10/2019 17:13

Sorry OP but yes this is all correct. I strongly recommend going through the CMS and writing to your MP. Gingerbread has some great campaigning resources. I've tried everything to get maintenance laws changed for my own unfair situation but we need to all fight together really. This is so wrong.

sosoverytired · 29/10/2019 17:40

You do all realise though that if they get tax credits that the child tax credit for those children gets used to calculate the maintenance?

IDontBelieveYou · 29/10/2019 17:57

Child tax credit does not get used to calculate maintenance, it is on fathers salary and taxable benefits only.

If the father’s new partner received tax credits, they will now reduce because the government says the father now must provide for his new partners children.

sosoverytired · 29/10/2019 18:08

Appears we were wrongly advised regarding tax credits. I agree that children that are not biologically the fathers should not be taken into account. Only children that are theirs biologically should be counted to reduce maintenance.

MuttsNutts · 29/10/2019 18:17

Maintenance laws in this country are an absolute disgrace. Thankfully, my DC is all grown up so I don’t have to deal with it any more but agree with previous posters suggestion of going through CMS.

If he is telling you that he is using moving another man’s children in and increasing his pension contributions as a way of reducing maintenance for his own DC, he obviously has no intention of doing the right thing. Left to him and his conscience, I’d bet you will see his financial contribution dwindle over the years so you have nothing to lose by changing the arrangement. I’ll warn you, the CMS is awful to deal with but if you are persistent and have the patience of a saint, they get there in the end.

Good luck!

Angrybird123 · 30/10/2019 07:36

Yes its correct. I suppose the logic is that the mother he is moving in with will lose any benefit she may be receiving as a lone parent so he should contribute to makr up that difference. I dont agree, i think if that would be an issue then you dont move in - its not compulsory. My ex has a step dd and while he is a twat in many ways, he does actually not count the sd in his cms calculation. The over contribution to pension is another loophole and i agree that the benefit of cms is that they've got access to his payslips etc so its all transparent at least.

Collaborate · 30/10/2019 07:49

There are plenty of things about the CMS calculation that are perceived by some to be unfair - on both sides.

Eg it fails to take in to account relationship debt taken on by the absent parent, so in that regard it does not fully take account of ability to pay.

CMS has the ability to deduct direct from pay without applying to a court or tribunal, irrespective of whether or not this means the absent parent can afford to pay rent or mortgage that particular month.

The parent with care isn't in control of the process, so things either happen too slowly or don't happen at all.

No account is taken of the income or capital of the parent with care. I recall distinctly shortly after the CSA started a millionaire father who had care of the children got an assessment against the mother who was a newly qualified nurse. Plenty of people thought that was awful, but I constantly see on here posters supporting just that.

Very little account is taken of the capital of the absent parent. They could be living of millions in the bank but have to pay very little because the assumed income from savings is so small.

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