Child Maintenance Help?!

[Pregsandconfused]

Hi Everyone

I’m not sure if this is in the right place but I couldn’t find a forum for money/cms.

I’m due to give birth in the next couple of months and no longer with the baby’s Dad. We have been together for two years and lived together for half of that (renting). I kept my own property (owned/mortgaged) so I have somewhere to live for baby and I.

Our break up was acrimonious and he has currently blocked me on all forms of communication. Prior to the blocking I was told he wanted nothing to do with baby and would not be paying child maintenance. Fine.

My question is; he has two children from a previous relationship who he has 3 nights a week. When they are not at his home they live with their Mum who resides in the house they bought together 15 or so years ago. Due to their Mum’s ill health she has not been able to work for several years so he has paid the full mortgage on the property (around 1300 p/m) he also provides most of the children’s clothes, after school activities, helps out with food costs when she’s struggling.

If I ask the CMS to help with payments from him will I get nothing because he is already paying his own rent, his ex’s mortgage, plus extras or will they include her as well and each child get a set amount? I’m not looking for any more than my child is entitled to but he is a high earner and his children have a lovely life and are able to pursue the extra curricular activities they want, go on all of the school trips etc. Maybe I’m selfish, but I want that for my little girl too.

I should add that the agreement with his ex is voluntary, neither of them have ever been to CMS/Court etc.

TIA x

You will get a sum based on his income, they will take into account his other children but no other than that what he chooses to pay their mother is not linked to what you are entitled to. There is a calculator on the government website

That sounds reassuring. So even though he is paying her mortgage and other bills, CMS would not take that into account when paying my child?

They might. He may ask for exceptional circumstances to be taken into account but either way you will get maintenance via cms. Since he's not going to pay without you lose nothing by going through them.

No. They won't give a shit that he's paying her mortgage

How does he derive his income? If he is determined not to pay then he can avoid it by leaving his job/being self employed and paying himself in dividends etc. just to be aware as he is being unreasonable. But yes the only thing that effects the calculation is his previous children so it will be reduced somewhat for that reason alone.

He’s employed through his limited company and pays himself dividends. I have read that once the initial calculation comes through (which will be pittance) I can ask for it to be varied and it must include his dividends also?

Apparently I can also use evidence such as his job (chartered architect) is very unlikely to be paying him £12k a year, as even his employed staff who aren’t qualified architects are earning £30k+ a year. Also that £12k wouldn’t even pay his own rent for the year. Is this true?

He has been self employed through his company for over 10 years and is the only director/shareholder. This is all on companies house so I’m guessing it won’t be too hard for CMS to look at?

Yes this is how it is supposed to be but your success might depend on how dogged your CMS representatives are as lots of them don't use the power they supposedly have. You might have a battle on your hands so hope it all goes ok. We are rooting for you!

Thank you!

My ex partner knows I’m like a dog with a bone and hate injustice so I won’t just roll over for an easy life. I in no way want him to pay my mortgage or cover my day to day bills but I do believe he should contribute to his daughter.

I’m hoping that as he’s chartered and registered/accredited by a lot of organisations he won’t mess around too much. I know he doesn’t hide income etc as he’d lose his accreditations etc if he was dodging the tax man etc x