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Ex H has a new baby - does that affect my children's maintenance?

7 replies

Henbird · 05/01/2012 08:58

Hi all. My Ex H had a new baby recently and I wondered if that affects my children's maintenance? I currently receive 20% of his income, but with the new arrival, does that mean he will have to split 25% of his income 3 ways (ie we would end up with 16%?)

OP posts:
Sazzy32 · 05/01/2012 09:38

Hi

I have looked into this before and found this link that might help
www.cmoptions.org/en/calculator/calculator-complete.asp

From what i sawe if you got 125 per week before the child was born it would be redudced to 106 after so yes there is a reduction but not to 16%

Hope this helps

Purpleroses · 05/01/2012 13:26

Yes, it reduces it, but quite in the way you say (assuming he's living with the new baby) - they knock off a percentage for the child in his household first, and then work out for you 20% of what's left. I can't remember what the % is that they knock off, but there's a calculator on the CSA website that can work it out for you - you can run it without him having the new baby, and then with to see what the difference is.

ThisIsAnExtremelyVeryGoodXmas · 05/01/2012 17:00

Is the baby living with him? If so, they take 15% (20% if there are 2 children living with him, 25% if 3 or more) off his income before working out your share. So if his net income is £200 pw, currently you get 20% of £200, ie £40. When the baby is taken into account, the CSA will first take 15% off his income, and then you get 20% of the remaining amount, so his assessable income is reduced to £170 and your maintenance is reduced to £34 pw.

If he is a non-resident parent to the new baby, I think they take the ammount for the three children (in the same example, 25% of £200, £50 per week) and split it appropriately, 2/3 for you and 1/3 for the other mother, so your maintenance would be approx. £33.30, so not much difference between the two examples I don't think.

AmIthatbad · 05/01/2012 17:22

Although not entirely relevant to your situation, it is worth letting others know that it is not just for new babies that this happens.

When my ExP moved in with his G/F, she had a DD the same age as mine. As they were "living as a family", my DD's CSA payment was reduced to take into account the new GF's daughter.

So my DD got less money from her father, while the new GF's daughter got his contribution, her own mother's not inconsiderable wages, plus her own DF's maintenance payments.

Henbird · 05/01/2012 17:26

Thanks all - yes the baby is living with him. And AmIthatbad - can't believe the situation your DD is in... that seems really unfair.

OP posts:
ThisIsAnExtremelyVeryGoodXmas · 05/01/2012 17:56

AmIthatbad, we have the same situation here. My XP's new partner has two children, so his 20% of his net income goes to them before his income is assessed for our 3 children, despite the fact that those children are already supported by their mother AND their father. It is utterly ridiculous that he effectively pays the same amount for his DP's two children as he pays for his 3 children with me (under the £200 example, 20% of his net income is disregarded - £40 and then 25% of the remaining £160 is paid to me for the 3 children we share - also £40).

AmIthatbad · 05/01/2012 18:36

I know!!! The rational part of my mind cannot get round the argument for this.

The CSA tried to tell me that as my EXp was "supporting" his Gf's child, because she was living with them, then she had to be taken into account when looking at his earnings. When I asked why, then, her mother's salary wasn't taken into account, as it was now a joint income household I was told that it was nothing to do with me.

I thought it should either be one or the other. Either her daughter is her responsibility, or she is now 20% my ExP's. Genuinely flummoxed by this

FWIW my MP agreed and supported my views on the unfairness of this situation, but it was a government policy ruling and he didn't have any sway (SNP at Westminster = chocolate teapot) in changing government policy.

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