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Refusing to pay

  • Alene
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22 Sep 14 #445065 by Alene
Topic started by Alene
I think this may be a bit long, so apologies. I have been separated for nearly 2 years and have 3 children (14,9,9). They live with me 13 nights out of 14. On the other night, they stay with their father at his mother''s house..

I have been able to remortgage the house , and gave my ex £40k out of the £120k equity. With this he was supposed to buy somewhere where he could have the children which could be their second home and where he would collect the younger ones from school (afterschool club)

I agreed that he would not pay maintenance as he would not be able to afford a mortgage if he had to pay for the children also. He does contribute to childcare for the younger ones as he uses childcare vouchers, he pays approx £90 a month straight to the Afterschool club, so pays nothing for the older one.

Needless to say, he has met someone who owns her own house quite a way away, where he lives most of the time. He does not pick the children up from school, and they do not have their second home

I have asked for maintenance for the children. He earns about £300 a week, and he does not want to pay saying that we agreed that he wouldn''t, and on the basis that he didn''t get an equal share of the house.

I earn more than him. If I went to the CMA would my claim be valid? I am worried if I go to the CMA he will stop paying what he does. I am already struggling and having to find another £100 a month would make things worse.

Please help. Thanks for reading.

  • WYSPECIAL
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22 Sep 14 #445067 by WYSPECIAL
Reply from WYSPECIAL
Yes your claim would be valid and he would be assessed. Rate for 3 children would be 19% of his gross wage so assuming the £300 you quoted is his gross wage then you are looking at £57 per week.

You need to allow for any pension contributions so the actual amount payable may be less than that.

If you come to a private agreement he could still pay the child care as part of the arrangement which would save him some tax but if you use the CMS service then that wouldn''t be possible so that may be a bargaining tool with him to not use CMS.

nothing can prevent future child support claims so your original agreement is of no consequence.

Bear in mind though if you are still married and do not have a Clean Break Consent Order he may come back for a greater share of the assets at some time in the future as you are financially tied until a court order decrees otherwise.

  • Child Maintenance Options
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22 Sep 14 #445097 by Child Maintenance Options
Reply from Child Maintenance Options
Hello Alene

It is every parents’ responsibility to provide maintenance for their children, so you would have a valid claim. Your income is not taken into account when calculating maintenance.

There are various different ways that child maintenance can be set up. The Child Maintenance Service are the Government’s statutory maintenance service and they can calculate maintenance leaving parents to arrange payment between themselves, or collect payments and pay them to the receiving parent.

There is an Online Calculator on the Child Maintenance Options website, www.cmoptions.org, which will give you an indication of the amount that the Government would consider to be reasonable for you to receive.

The Child Maintenance Service are just one option available to you to set up maintenance payments. The other options include the family-based arrangement. This is an agreement between the parents without the involvement of the Government or legal system. Although not legally enforceable, this type of arrangement does tend to work better and last longer than other options, as it is something that both parents have agreed to.

On the Child Maintenance Options website, there are lots of tools and information designed to help and support you in setting up a maintenance arrangement for your children.

Another option available is the Consent Order, which is an arrangement agreed through the courts.

For more details on all the available options and a more personalised service, you can contact Child Maintenance Options directly.

The Department for Work and Pensions (DWP) have a web application, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is www.wikivorce.com/divorce/Sorting-Out-Separation.html.

Regards

William

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