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Step-parenting

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Original poster

CSA Maintenance claim

24 replies

user19902343 · 06/01/2022 18:11

If anything happened to DH before myself, would DSD's mum be able to claim anything from me as the CSA maintenance payments would stop ?
I have never thought about this before but we have just updated our life insurance policies and it crossed my mind! Would I have to cover the maintenance costs or would it be my decision to send payments?

We are married, one DSD and 3 children together. House and assets in both names.
In both our wills and policies, it goes 100% to each other and will then get split up between the 3 when the time comes.

Any help would be great.

OP posts:
BruceAndNosh · 06/01/2022 18:14

Both your wills leave your money to each other, then split 3 ways?
So your husband doesn't intend to leave anything to his 4th child, your stepchild?

AlDanvers · 06/01/2022 18:16

Are you saying he isn't leaving anything to his child?

theremustonlybeone · 06/01/2022 18:17

Your not responsible for CMS payments however your DH should ensure he sets aside funds for his DC that isnt yours. This should be stipulated in his will

Kbyodjs · 06/01/2022 18:19

What gets left to his child? When we took out our life insurance DH and I agreed that if something happened to him then I’d continue to pay maintenance to his ex out of the lump sum of his insurance and the rest would be for me to care for our kids.

Hoardasurass · 06/01/2022 18:19

I honestly can't believe that you are ok with him disinheriting his 1st child. Would you be happy if he did the same to your 3?

lunar1 · 06/01/2022 18:19

If he's leaving 100% to you then a claim can be made against the estate to provide for his child.

Why isn't he making any provision for her?

AlDanvers · 06/01/2022 18:20

This is just a guess. But I imagine they could have a aim against your dhs estate, since he is partially supporting them now.

Original poster
user19902343 · 06/01/2022 18:21

Sorry typo, I meant 4 ways!
Whatever is left gets shared equally between all the children. House and everything included.

OP posts:
rbe78 · 06/01/2022 18:22

No, you wouldn’t be responsible for CSA payments.

But presumably either your husband’s life insurance policy includes a lump sum for your DSD, or her mum has taken out a life insurance policy for your husband (which would have to have been authorised by your DH)?

Duxiejhrhrvjz · 06/01/2022 18:23

Yes mum of his first child would be able to claim the amount of child support due until child is 18, from your home if you own your house. You can get insurance that means that the money isn’t due immediately and when the child is 18 I believe instead but not sure how that would work as it’s then not supporting the child then Hmm You’d have to find out more about it as I can’t remember but was advised of it as ex-DH and myself both had children before we met.

rbe78 · 06/01/2022 18:23

As in, your DSD can’t wait til you die, she needs support throughout her childhood if her dad dies - so life insurance will need to take that into account to ensure that she gets a lump sum at least equivalent to maintenance payments until she turns 18.

SpiderinaWingMirror · 06/01/2022 18:24

My colleague had this. Her husband took out a seperate life policy to cover his oldest child's expenses through to 21.

FelicityPike · 06/01/2022 18:26

@BruceAndNosh

Both your wills leave your money to each other, then split 3 ways? So your husband doesn't intend to leave anything to his 4th child, your stepchild?
If that’s really what you meant @user19902343 that’s pretty horrific.
Original poster
user19902343 · 06/01/2022 18:31

@SpiderinaWingMirror

My colleague had this. Her husband took out a seperate life policy to cover his oldest child's expenses through to 21.
I think this is a really good option!

I would happily continue to pay the amount he pays for DSD from the life insurance, that's no issue at all! But I would hate to find myself going through some battle with her mother if anything horrible did happen.

OP posts:
AndAnotherNewOne · 06/01/2022 18:31

If that’s really what you meant @user19902343 that’s pretty horrific.

She's already said she meant 4 ways.

The child would have no claim on you which is why an insurance policy would be a good idea. You would be under no obligation to support DSD if your DH died.

Original poster
user19902343 · 06/01/2022 18:32

@FelicityPike read the thread before commenting please, I have already corrected myself 🙄

OP posts:
Original poster
user19902343 · 06/01/2022 18:35

@rbe78

As in, your DSD can’t wait til you die, she needs support throughout her childhood if her dad dies - so life insurance will need to take that into account to ensure that she gets a lump sum at least equivalent to maintenance payments until she turns 18.
Yes exactly. We had discussed savings pots for all the children, so if DSD needed help with a car or deposit then she could always access that when the time come. But we never discussed the monthly maintenance payments.
OP posts:
AlDanvers · 06/01/2022 19:28

Its great that your would happily keep paying.

But if you were the mother, would you want to be counting on the kindness of your deceased exs wife? Hoping she continues to pay?

What if, for whatever reason you stopped? Then the child wouldn't be receiving money while it was fought for.

I could see why someone would want it in writing by claiming from the estate.

negomi90 · 06/01/2022 19:40

I wouldn't give 100% to each other. Once one of you dies, there is nothing to stop the other changing their will.
He could give you 100% with the agreement to split 4 ways once you die in your will. But you could change your mind and don't have to. If he dies first and then you and DSD fall out, she could be out of her share.
Likewise if you die first, he could find someone new and give everything to the new person.

Maybe83 · 06/01/2022 20:01

He is being extremely irresponsible leaving 100% of his assets in death to you when he has a child outside of your marriage. Ultimately you will still be alive and in theory would still look after your joint children and leave them your assests on your death. You could though remarry and none of his children end up with an inheritance.

What if you fall out with your dsd in 10 years time? And choose to disinherit her.

While she is a minor he should have a seperate policy in place to allow for CM and accounting for inflation and extra costs he in theory feels he would contribute to.

If I was both of you I would have seperate standalone term policies that pay out a certain amount split between the children on either/both of your death.

KiloWhat · 06/01/2022 20:07

The monthly payments would stop.
If there was no provision then the will could be challenged. Putting a life insurance policy or making them nominated beneficiary on a pension are ways to make sure they are provided for. Speak to the solicitor when you draw up your wills.

KiloWhat · 06/01/2022 20:08

But I would hate to find myself going through some battle with her mother if anything horrible did happen. I think its worth speaking to a solicitor then

Original poster
user19902343 · 06/01/2022 21:09

@KiloWhat Will do! Thank you.

A separate life insurance policy is probably the best thing so DSD can continue to get payments of her maintenance until 18. After she is 18, she will get the same as our children through the will.

I will speak to solicitor regarding the will. It's hard to plan for every possible scenario regarding re marriages etc.

OP posts:
KiloWhat · 06/01/2022 21:20

@user19902343 it is yes! Am so glad we got advice instead of just trying to DIY.

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