Child maintenance

[plantsareglorious]

Name changed.

Hi there.
If a father has sole custody (non married widow) for 2 children, Will he still have to pay maintenance for my child. Since his ex has sadly died CMS has said he should be paying me more (he paid the bare minimum before, £30 a week). This increase would make a huge difference to my son.
He has no contact with my child (his choice) and was an extremely abusive individual to both of us . I lost my home and job because of him.

I know this isn't a nice situation as the children's mother has sadly died so I feel extremely bad for them but I am worried about the implications for my child. Will he be able to get out of paying maintenance all together?

Are there circumstances where the father has sole custody of 2 children and so doesn't have to pay maintenance for another child that doesn't see him?

He has asked CMS to reconsider the increase and paying child maintenance all together so that he won't have to pay anything.
The difference is a from £120 a month to £267, he earns on excess of 45k.

Thanks in advance.

The calculation will make a difference to the amount your child receives as he is now responsible for 2 children living with him, so there's now way around discounting that element.

He'd also now be getting their child benefits, or should be.

But obviously, in the short term his living costs will have spiralled extensively now and will be paying out more to you.

Given the situation, I imagine that there is some grace period that could be applied to perhaps not permit the full new payment to be received, but you never know with the cms.

Your child maintenance
calculation is
£89.06 a week or £385.64 a month now from what should have been £53.81 a week/£233.02 a month. So you win. Though it feels, imo, like a very sad win.

@ChoiceMummy

The calculation will make a difference to the amount your child receives as he is now responsible for 2 children living with him, so there's now way around discounting that element.

He'd also now be getting their child benefits, or should be.

But obviously, in the short term his living costs will have spiralled extensively now and will be paying out more to you.

Given the situation, I imagine that there is some grace period that could be applied to perhaps not permit the full new payment to be received, but you never know with the cms.

Your child maintenance
calculation is
£89.06 a week or £385.64 a month now from what should have been £53.81 a week/£233.02 a month. So you win. Though it feels, imo, like a very sad win.

Thanks for explaining, although I'm still confused. He is now no longer paying rent on his own place as he has moved into the family home to look after the children, whereas before he was responsible for the mortgage plus his own rent.

Before he had a 'family based arrangement' and then a CMS arrangement for my child.

I feel very sad for the children. But also angry that he will use this as an excuse not to support his other child.

He maybe saving in rent, but is now responsible for everything for the children, including I imagine childcare as well depending on the children's ages this could be incredibly costly. He may also have reduced his hours at work or indeed taken unpaid parental leave - if he did then you'd receive £0. Likewise if he opted to live off of capital/savings.

The fact that he had a family arrangement with his ex, speaks volumes about your relationship being acrimonious and reliant on cms, so it's unlikely that he'll have any emotional connection that will make him feel he should pay more.
. What questions do you have?

Long term, financially you and your child will gain from the death of his other children's mother. Perhaps short-term not, but if he remains in the current role/pay range, that will be the situation.