Will child maintenance take inheritance into consideration?

[pebbles6]

Posted in 2 areas as wasn't sure where it was most relevant.

My ex partner (never married) pays the required maintenance by law through the child maintenance service. He has recently received inheritance of around £100-125,000 .
Will CMS take this into consideration and give me more money if I ask? Or is it just his money to do what he wants with?

Thanks.

Nope. It’s his money. CMS looks at income.

Thanks for the reply @FFSWhatToDoNow

I thought this would be the case but it says over £31k approx it can be viewed as a source of capital? I thought this might mean I could claim to have it included...

This is so weird as I posted about closing my claim and people told me not to just incase he inherits?! Yet I wouldn’t even be entitled to any of it anyway 🤣

https://www.gingerbread.org.uk/find-information/money/child-maintenance/using-cms/#:~:text=The%20CMS%20uses%20the%20paying,ignored%20in%20the%20initial%20calculations.

Not the lump sum, no.

You can ask CMS to take income from savings into account, if you believe he will get interest from it of over 2,500 a year;

www.gov.uk/how-child-maintenance-is-worked-out/ask-other-income-expenses-included

Of course he could just spend it or stick it in a mortgage!

Ah sorry - looking at that link if it is over 31,250 you can ask for it to be taken into account.

Note you do have to proactively ask.

Thank you!!

@PatriciaHolm it is slightly confusing. I have been researching it but can't find much. Realistically, he will probably gift it to his wife or child in a savings account etc so it won't count... will they do anything if he does this do you know?

you sound like you will try to get more maintanance,does he see his child would you say he is a good father if he does see them

tbh i think that money is his especially as he is paying towards his child,if all is well regarding he is involved and you get on ok it could really turn nasty for all concerned is it really worth it?

I think it’s spiteful to ask inheritance to be considered.

My ex pays nothing because he is on a low income and has the children the equivalent of 1 week per month - he only pays for the food they eat while at his - no clothes or anything. When he inherited 200k and bought a house outright I was told by CMS he had been 'naughty' and should have declared it because he also had arrears from when he earned more/had them less and didn't pay. However, because he had already spent it there was nothing they could do. So you might have a claim but I imagine it will be quite difficult to enforce and could put a strain on the relationship, which might not be worth it if you are currently amicable.

I don't think it's spiteful, especially if money is quite tight, to hope his dc will benefit if he has come into a substantial amount of money, but I'm not sure there's much you can actually do about it. I know I thought, 'Christ, he's come into all that - the least he could have done is offered to sort the kids' uniforms this year.' I don't think that's spiteful.