Claiming CMS when separated but still living in the same house

[kodi005]

Me and DH have recently separated. Not together but will be living in the same house for at least 6 months + due to finances and neither of us having anywhere to go.

He is splitting bills but wont split childcare bills with me anymore, meaning I'd have to drop to part time which I don't want to do... can I get child maintenance from him whilst he still lives here? Likelihood is he's not going to be moving out anytime soon... I'm guessing no but have no idea.

Thanks in advance!

Have you spoken to a solicitor ?

@DustyLee123 not yet, it's all very recent. I'm hoping that he'll change his mind on helping with the childcare bill as I don't need the added stress right now of going through the maintenance service! But I suppose I'll be in touch with one soon to arrange divorcing!

Make sure you pay bills relevant to your pay, so if he earns more he pays more.
Get any child benefit paid into your own bank account.
And he’s a knob.

No, separating means separating, each person now pays their way, no more joint finances., no more earns more so pays more

OP - I've been through something very similar although it was nearer a year in my case.

Our split was fairly amicable and while there was a lot to sort out both of us were reasonable with the finances. Don't want to get too much into the detail but suffice to say we continued to operate the joint account as normal during this phase with all household and child related bills coming from that account. (to which my contribution to the income was 70-75%. We also left a reasonable amount in the account after we stopped living together to cover future kids costs

Your husband needs to realise the childcare costs are still his - and not just half either his share of the income in my view. As others have said speak to a solicitor as this sort of behaviour will certainly come up in anf future court hearing

I wish you the best - having heard plenty of war stories from friends I know things can be a lot worse than my experience

But they’re living under the same roof and they share the same children and responsibilities. What kind of massive c*nt would see their children into poverty because they broke up with the mother. Decent men still provide regardless. Only the children suffer.

Childcare yes, but other bills no, these are 2 now separate adults sharing kid’s who happen to be living house, when they get divorced the they higher earner is not going to be subsidised the lower

how do you know the OP is not a higher earner ? , I bet your response would be different if the OP was

Thanks everyone. It's so frustrating because he earns so much more (my fault for taking career breaks to raise our children I guess 🥲). He's not going to budge on it and I can't make him. That's why I'm thinking will CMS help me? Things are still heated, I guess he might calm down and see he is being unreasonable (even though it's his infidelity that's ended our marriage...)

Looking like I'll have to drop down to part time if not... god I wish I could drop into my wedding day and tell past me to run for the hills...🥲

To answer your question if you are separated financially as well as emotionally you are able to claim CMS and UC. The later is probably more realistic. He might claim 50:50 child care split which will be hard to disprove.

I would try UC first and see if this resolves the issue for you. Hth

I will never understand why people in this situation think it's ok for the state to provide for their children. He still needs to provide!!

The state still provide even if he pays child maintenance. CM is not counted at all for benefits.

I'd say it's probably possible in some circumstances but unlikely in yours. You only split up a week ago.

I'm in Ireland but in cases of separation for example the mother has to wait 3 months before applying for one parent family benefits. I suppose they need to know that it's serious and the couple are unlikely to get back together.

Also as he lives there you're both resident parents. He could argue that to CMS and that he already is paying for them and you care for them 50/50.

So CMS might not be due, its more of a case of him being unwilling to split the bills of the family equally and I don't think anyone can force him to do that.

Unfortunately men can be absolute bastards when it comes to break ups and will try to make things difficult out of spite or to make the woman see how much of a struggle it might be without him. Hopefully he will change his tune soon!