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If a father becomes SAHD to his new family, how is the maintenance to his first family affected?

8 replies

create · 25/08/2010 20:30

A good friend went through a reasonably amicable break up several years ago and has been paying maintenance to his ex for their 2 DC. Oldest now 19 in full-time employment so presumably only pays for 1 now.

He is about to become a father for the 3rd time. His new partner has a good job she enjoys. He really hates his job - to the point that it makes him ill. He's also very good with children and although was as involved as he could be as a NRP with his older boys, he does feel he missed out on seeing them grow up. His wife has done her stint as SAHM with her older children and has just got her career back on track.

So, they're thinking that the best thing for all of them would be for him to be SAHD.

Would his DP be expected to cover his maintenance payments from her salary? No-one wants to see his middle child go without, but the fact is that there will be less money coming into their household, so economies will have to be made, but should this be at both houses? This really isn't an attempt to avoid paying, just to find a way to make it work for everyone. (Baby was something of a surprise, although now very much wanted)

OP posts:
create · 25/08/2010 21:18

No-one?

OP posts:
moragsoverhereplease · 25/08/2010 23:17

bumping for you

moragsoverhereplease · 26/08/2010 09:05

and again

LucindaCarlisle · 26/08/2010 09:49

When will the middle child leave school?

onadietcokebreak · 27/08/2010 21:38

Are the CSA involved?

In which case I believe that they will assess it based on his income which will be nil as they dont take into account his wifes income.

They may take half of any working tax credits paid though.

1Catherine1 · 28/08/2010 03:08

If you pay maintenance through CSA all the info you need is provided in the link below.

www.csa.gov.uk/en/setup/how-maintenance-calculated.asp

To sum up, if absent father stops working then he could in theory stop paying for it but the CSA have thought of this and, I quote:

"If you are the parent with care, we might look at the amount of child maintenance again in the following circumstances:...If the non-resident parent seems to have a way of life associated with someone whose income is much higher than the income we used to work out child maintenance."

So, my interpretation of it is that basically, his misses will pay the child support instead.

1Catherine1 · 28/08/2010 03:30

Actually... I've reread the whole article I quoted from and I think I misinterpreted it.

From what I've read even if he did continue to work the fact he now has another child to support would reduce his child maintenance payments.

If he's on good terms with his ex maybe it would be best for the 3 of them to get together and decide what they can afford. The new mother might not feel like its her responsibility for his other child but I'm sure it would make him quite unhappy to know he isn't looking after this other child.

ElenorRigby · 29/08/2010 16:04

Depends if he pays through the CSA, if he's on CSA1, which I think he would be given the age of the kids, yep her salary would have been taken into account. However it sounds like her salary is not being taken into account, so maybe they had a private agreement. Or they may have a court ordered agreement which would be very difficult to alter.
He needs to talk to people here A fairer CSA for all

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