Question about co-habitation and child support

[Mrs.Clooney]

Hi Geeks, I would like to ask a question on behalf of a friend of mine who went through an awfully acrimonious divorce where her ex husband who has always earned a very good wage, only supports his children with the minimum legally required by the Child Support Agency. It is not that he can't pay more... It is that he refuses to because he wants his ex wife to suffer. Even when it comes to purchasing new school uniforms and paying for school trips!!

If I am correct, I believe that ex spouses eg. Ex wives used to be able to claim for child support on the combined salaries if their ex husbands for were cohabiting, because in effect the ex husbands household income had increased. Is this correct and is this still the case or does it only apply if the ex husband has remarried? Or am totally wrong?

My question is in relation to UK law.

 

[VikkiBP]

It changed but I'm not sure if it depends on the date a claim hits the CSA or on date of birth or even universally. Here is the official calculator link
https://www.gov.uk/calculate-your-child-maintenance

 

[Dexy]

I know they take combined income of tax credits into account, my ex was told he had to pay twice as much so he gave his notice in at work !

 

[charlie_xx]

Hi, I was the other person in this situation. We pay maintenance (my husband has a child from a prev) even though we keep the child 3 nights a week take her on 2 holidays a year, she has a full wardrobe of clothes at our house, we pay her dancing fees, half her school trip money, and all her school uniforms!!!! I earn more than my partner and was assured my CSA that my income would never be taken into account as the child is not my financial responsibility x

 

[lynn amber]

Hi, I was the other person in this situation. We pay maintenance (my husband has a child from a prev) even though we keep the child 3 nights a week take her on 2 holidays a year, she has a full wardrobe of clothes at our house, we pay her dancing fees, half her school trip money, and all her school uniforms!!!! I earn more than my partner and was assured my CSA that my income would never be taken into account as the child is not my financial responsibility x

Yes you are very correct, even if you are marred your wage will not be taken into account to pay for your partners child, my partner also has a chlid from a previous relationship and what I make is not taken into account when paying maintenance for his daughter, and why would it be I had no part in making this chlid.


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[Mrs.Clooney]

It changed but I'm not sure if it depends on the date a claim hits the CSA or on date of birth or even universally. Here is the official calculator link
https://www.gov.uk/calculate-your-child-maintenance

Thanks for this but my friend is getting the correct amount based on his annual earnings, however, I can't find anywhere where it mentions anything about cohabitation.

I know that when my relative married her ex, his ex was able to claim extra child support based on the fact that his annual joint income ie. income coming in to the home was higher than if he lived on his own. So essentially, my relative was contributing to his children.

Rightly or wrongly, fairly or not, I am just trying to help my friend get fair support for her children, bearing in mind that her ex has taken two overseas holidays in the past 6 months and recently brought himself an up to date iPad and yet he won't contribute towards anything else for his children other than the CS.

My friend works hard and has also has to be full time Mum to her children on her minimal salary. She doesn't believe she can claim on his joint household income.

Any help or correct information in this area would be appreciated.

 

[Mrs.Clooney]

Yes you are very correct, even if you are marred your wage will not be taken into account to pay for your partners child, my partner also has a chlid from a previous relationship and what I make is not taken into account when paying maintenance for his daughter, and why would it be I had no part in making this chlid.


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I fully appreciate what you are saying and am with you on that, but I know it was not like this before so, therefore, if the law has not changed, the like I said, fairly or not, he has to comply x

 

[charlie_xx]

Yes you are very correct, even if you are marred your wage will not be taken into account to pay for your partners child, my partner also has a chlid from a previous relationship and what I make is not taken into account when paying maintenance for his daughter, and why would it be I had no part in making this chlid.


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I feel for people who's ex's don't pay or do enough!! But I'm also glad that it protects me!! I work hard and don't feel I should hand over my money to someone who gets more than her fair share. What people don't know also is my husband can claim back child benefit as we keep the child so much this would be deducted from what the mother gets.. We don't but you can

 

[mm29]

Csa has a website and you can check how much he should be paying by being annon, you just input figures no names.

 

[charlie_xx]

I feel sorry for your friend, the reason your having trouble finding a bit about cohabiting is that the law changed... It's now only based on the parent not the partner of the parent!!
We were getting married and I phoned CSA to keep everything above board and they said to me even if I was a millionaire and my husband was minimum wage my income would not even be discussed as the child is not my financial responsibility x

 

[lynn amber]

Believe my when I say that it will only be the fathers income, my partners ex has just taken the CSAs decision to court ,it was her that went to the csa as my partner had missed a months payment he is self employed and as we all know the money is not guaranteed she was getting about 5 time from him than what the csa said she should be getting, she lost in court and now wants to go back to a private agreement, and she tryed to implicate me . I was never taken into consideration all this took over a year to be finished.

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[Mrs.Clooney]

Thanks Geeks for your replies. At least I asked. Nothing lost by asking. I empathise with you in difficult situations like this. My major concern is for my friend's children as they are suffering his meanness as all he wants to do is hurt his ex.

Thank you x

 

[persianista]

My income wasn't taken into account when he paid for his kids either. I was by far the biggest earner, and there's no way I would work to pay for his ex to sit at home not working. Sorry if that offends, but I didn't break up his marriage (his ex did) nor did I have any part in making his kids.
Any woman who expects another woman to pay for her offspring needs a reality check.

 

[charlie_xx]

It's a shame when the children suffer.. x

 

[lynn amber]

Thanks Geeks for your replies. At least I asked. Nothing lost by asking. I empathise with you in difficult situations like this. My major concern is for my friend's children as they are suffering his meanness as all he wants to do is hurt his ex.

Thank you x

I do feel for your friend especially when you know he can afford more, my partner and his ex have decided that he will just pay money directly into his daughters account she is 13 and can buy her own stuff and he will pay for her school holidays and trips ect, he is actually a soft touch so she wouldnt do to bad on this today she managed to get a new super dry bag and new art supplies extras ha ha, I don't mind as long as we can pay the bills ,

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[coco.]

I don't have any actual info about the op's question but it should be just the father or mothers income that comes into the equation. I would be really unhappy to have to pay for someone else's child.
Adults should be adults and pay for the children they have created and I agree the child shouldn't suffer, I have friends who have split and remained amicable and friends where it has turned horrendous and fathers that have gone from being great dads to their kids to not even being bothered to see them let alone pay for them. It's a shame when it becomes nasty but it seems to happen alot!

 

[Mrs.Clooney]

Thanks all. Question asked and answered. Much appreciated.