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Child Act 1989

7 replies

Medinaelwira · 10/08/2023 16:54

My partner pays maintenance through CMS for his daughter. He’s ex wants more money and has stated she will be applying for a lump sum payment under the Child Act. Will my wage be taken into consideration by the court?
I have also seen she can apply to live in our house until their daughter is 18. Can she do that if my name is on the mortgage?
I am deeply concerned as I am the higher wage earner and my children are now adults.

OP posts:
prh47bridge · 11/08/2023 17:28

She won't get anything just because she wants more. She will need to show a specific reason why more is needed, and it must be for the daughter's benefit.

Is this a house you bought with your partner? If so, it is highly unlikely the courts would order that she lives there.

Medinaelwira · 11/08/2023 21:34

Thank you.
For years my partner paid more than he was legally expected to.
it wasn’t until we started living together she pushed for more. We agreed to pay more but directly to his child.
We explained that the maintenance amount was above the CMS calculations but she didn’t believe us. Now she receives less as she went down the CMS route.
She hasn’t worked for years and is in a vast amount of debt. She is desperate and has now stopped my partner and his family seeing his daughter.
I have always worked full time and made sure my children saw their dad. I don’t think I should be financially responsible for a child that does not live with me or one that we can’t see and to a mum that’s on benefits.
it worries me so much.

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Medinaelwira · 11/08/2023 21:37

FYI.
My partner bought the house for him and his family. He could only afford interest only. He threw her out 8 years ago.
I am on the mortgage now and have paid money into the house and mortgage. I have changed it to a 10 year repayment.

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FedUpMumof10YO · 11/08/2023 22:17

He threw his child out when she was 10???

FedUpMumof10YO · 11/08/2023 22:18

Or younger ??

Medinaelwira · 11/08/2023 22:56

He spent many years working and providing for them both so she could sort her debt. He asked her to go through it with him so he could help. She refused.
she lied continually and wanted more money. He gave her thousands of pounds to set up another home.
She paid not one penny into the house but he tried to make it work. I guess you can lead a horse to water…
He paid above the maintenance rate but she wanted more whilst on benefits?!!

OP posts:
Medinaelwira · 11/08/2023 22:57

As parents, male or female we are financially equally responsible…

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