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Child Maintenance after Redundancy

  • djlman
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04 Jun 13 #395853 by djlman
Topic started by djlman
Hi, and apologies if this has been asked before - I can''t seem to find quite what I''m looking for.

I''m currently going through the process of redundancy, and expect to be off my employers payroll by the end of this month. Up until now, I have always been paying the child maintenance to me ex-wife based on the calculator on the government website. These payments have been in place for the past 6 years.

However, from July, I''m not sure what I''m supposed to pay if I do not find another job immediately. As I start to qualify for benefits, I will of course receive them, but do I then use the same calculation to work out what is to be deducted from then each month?

Also, and contractual severance that I use for keeping us going, will that be classed as income, or is that a windfall?

Any help appreciated!!

  • Gillian48
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04 Jun 13 #395855 by Gillian48
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As far as I understand it child maintenance is based on monthly income - if you will be unemployed and possible be receiving benefits I presume you can reduce the payments accordingly. You can use the online calculator to work these out - but if you''re on benefits I can''t think that they will be much. Any redundancy payment you get might affect the benefits you receive depending on the amount but you''ll be able to check that somewhere.
Have you explained the situation to your ex? The only thing she could do is go through the CSA but if you don''t have an income I can''t see she''ll get anything.
Maybe this all changes if there is a court order in place but I don''t think court orders arrange CM payments - ??
I''m not an expert it''s just my opinion - I guess others will give you their opinions soon?

  • Child Maintenance Options
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07 Jun 13 #396204 by Child Maintenance Options
Reply from Child Maintenance Options
Hello djlman

Thank you for your post. I am William, the Child Maintenance Options consultant. I can give you some information about child maintenance that may help you.

I understand you are in the process of being made redundant and you are unsure how much child maintenance you should pay from July. You have indicated that you may have a family-based arrangement in place with your ex-wife. This is simply an agreement between the both of you, so you may wish to negotiate with your ex-wife how much maintenance will be paid when your wages stop. A family-based arrangement is not legally enforceable but it is flexible so you can also decide whether you will calculate your payments using your contractual severance pay. It can also include other kinds of support such as buying food or clothing for your children.

You said that your current payments were based on the calculator on the Government website. We also have an online calculator which can give you an indication of how much child maintenance the Child Support Agency (CSA) may work out. You can find this at www.cmoptions.org/en/calculator/calculator.asp. You may wish to use this figure to renegotiate your family-based arrangement.

If you would like to use the guidelines of the CSA, they would work out child maintenance using your income, which includes earnings, money from an occupational or personal pension and tax credits. They use the amount of income left after deductions such as Income Tax, National Insurance and any money paid into a personal pension scheme.

The CSA has four different maintenance rates and the rate that is to be paid is dependent on your weekly net income. If your net weekly income is between £5 and £100 or you are getting certain benefits when your wages stop, a flat rate of £5 per week may be payable, no matter how many children are involved. To clarify whether the CSA would take your contractual severance pay into account you may wish to contact them directly. You can find their contact details and information about how they work out child maintenance online at www.gov.uk/childmaintenance.

To help you to maintain your family-based arrangement, we have got a number of guides that you may find useful. We have a family-based arrangement form that is not a legally enforceable document but may put your agreement on a more formal basis. You can complete this together with your ex-wife and sign your names to show your commitment to your arrangement. We also have a discussion guide available to download from our website which can help you to plan your discussion with your ex-wife. If you feel any of our guides will help you, they are easy to print from our website at www.cmoptions.org.

We have a sorting out separation web-app that you may find useful, it offers help and support to separated families. You can find this at www.wikivorce.com/divorce/Sorting-Out-Separation.html.

If you would like to talk to our team in complete confidence about child maintenance you could give us a ring on 0800 988 0988. We also have some other useful tools on our website to help support separated parents.

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