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Original poster

Child maintenance query - will my maintenance go to my partners ex?

19 replies

Tombuckle93 · 14/02/2015 14:20

Hi I'm asking this on behalf of my mum. Recently her partner has been sorting out child maintenance for his children. My mum and he live together along with myself and my two younger brothers. They aren't married. She receives maintenance from my dad for us. Her question is, does this money come into consideration for how much her partner is expected to pay to his ex? He is more than willing to pay what is expected but he also owes money in arrears due to being unable to pay while he was unemployed. The suggested payment of arrears would significantly effect our household living as they would increase maintenance payments to around three times the amount for an extended period of time (From £80 a fortnight to around £240). Surely any payment from my dad shouldn't go to my mums partners ex? (I think that's right...)
Any help would be appreciated.

OP posts:

HoppityVoosh · 14/02/2015 14:23

Your mum's income (including maintenance she gets) will not be taken into account when calculating the amount of maintenance her partner has to give to his children.

ScrambledEggAndToast · 14/02/2015 14:29

I don't think that's right as it's done on household income now. My assessment for DS was done on my ex-husband's new partner's wages. I have no idea whether the money used for the calculation would have been reduced had she been receiving maintenance for her other children.

HoppityVoosh · 14/02/2015 14:34

Really?! Since when has it been calculated on household income?

Does your ex-h not have an income and that's why it was calculated on his wife's income Scrambled?

In this case where the NRP (the mums partner) has an income then maintenance will just be taken from his income.

Original poster

Tombuckle93 · 14/02/2015 14:35

They've been asked to work out all household income and expenditure as they've stated that the payment of arrears at the current rate would put us in financial difficulty. However she is very reluctant - to say the least - to allow any money that's received for us (from my dad) to go to her partners ex. Things are very difficult and he has had to go through courts to get proper access to his children.
It seems illogical to take money from one set of dependents and to give it to another when that money is specifically meant for us.

OP posts:

HoppityVoosh · 14/02/2015 14:40

Okay, well in that case I have no idea if your mum's maintenance will be taken into account. Sorry, not helpful. Who is "they"? Can you ask themarket?

HoppityVoosh · 14/02/2015 14:40

Them*

Original poster

Tombuckle93 · 14/02/2015 14:43

They = My mum and her partner.

Themarket? Sorry, as you'd probably expect I'm a little lost on here. Not even sure this post is in the right thread.

OP posts:

HoppityVoosh · 14/02/2015 14:46

Themarket was meant to say them! Sorry.

I meant who asked your mum and her partner to calculate household income and outgoings? Could you ask whoever it was who told you to do that if maintenance is included?

Original poster

Tombuckle93 · 14/02/2015 14:52

They rang up the CSA to query the payment of arrears. They were told by someone to total up the household finances as they (my mum and her partner) stated that it would heavily impact on our living standards at the rate currently stated.

OP posts:

HoppityVoosh · 14/02/2015 15:09

I would suggest that they ring back and ask if the maintenance payments count.

ScrambledEggAndToast · 14/02/2015 18:14

My ex has no income, he's not even on JSA. So when I got the assessment I was very surprised. Ex then text me very angry saying they had done the assessment using her income. I rang the CSAnd they confirmed that this was correct, they hadn't made a mistake. They had used total household income.

However, they have refused to pay and as she isn't the NRP they can't do a DEO so actually it's a bit pointless and I still have no money.

HoppityVoosh · 14/02/2015 18:28

That sucks Scrambled your ex sounds like a shit.

Karenthetoadwhisperer · 14/02/2015 18:33

Child maintenance is not considered household income.

It is not considered part of your mum's income, as it is not for her and she does not pay tax on it.

Karenthetoadwhisperer · 14/02/2015 18:38

I had a few issues with the CMS before I agreed maintenance with my ex. You may have to phone a few times until you get to speak to a knowledgeable worker and possibly not at the weekend.

Karenthetoadwhisperer · 14/02/2015 18:40

Don't include the maintenance that you receive into this calculation. It's not income.

Sethspeaks · 14/02/2015 18:42

I wonder if it's because arrears are involved that they are looking at the income for whole family, so in that respect they need to be sure that they are leaving the household with enough to live on when they decide on the rate at which he will pay the arrears back.

It's not really that your Dads payments will go to his ex, more that a lot of your mum's partners contribution into the household pot will have to be allocated to his debts.

Rockchick1984 · 15/02/2015 10:14

Is it not the opposite way to how you're looking at it - they didn't ask about household income until your stepdad said it would cause financial hardship. So based on his income alone they have calculated the arrears, and he's said the household budget can't cope with that so your mum is being asked for her income to prove that it would genuinely be affordable?

Rockchick1984 · 15/02/2015 10:14

Not be affordable sorry.

CountingThePennies · 15/02/2015 10:21

I didnt know they are now taking household income into account???

Dhs csa calculation is not based on my income, only his.

Is this a new rule thats coming in?

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