Child Maintenance

My partner is getting divorced petitioned by his ex. They have 2 kids living with her. He has been paying child maintenance agreed between them since the separation 5 years ago. He also pays for the car that she uses. In the Petition, his ex has indicated that she does not receive maintenance at all nor is seeking any maintenance from him. In the divorce proceedings, will the judge agree to their agreement on no maintenance provided by him to her and the kids or will he insist on making him pay child support. Should he disclose he is paying maintenance in the first place? Any advise is aappreciated.

If he is still paying for the car then I suppose this is a form of spouse maintenance.

Child maintenance is separate from Ancillary Relief proceedings and cannot be avoided or negotiated away. He has to pay it whatever the divorce settlement and it is outside the juristiction of the court. If you want to know the minimum he should be paying, use the calculator on the CSA website. It is 20% of net earnings for two children.

Best wishes,
Sadie

Hi csclyn,

Welcome to Wiki

It worried me that she stated that she is currently not in receipt of CM.

Just incase - do you have documented proof (cheque/bank transfer)of the CM or has it been in cash (can't be proved)?

He should state that he has been paying CM from the date started at £x.

*As far as I'm aware* CM can't be backdated - only can be backdated by CSA from CSA application. CSA won't start a claim while Court Ordered CM is in place until, but CSA can be initiated when the Court Ordered CM is over a year old.

Good luck

WR

Hi Sadie and White Rose,

Thank you both for your advise and reply. We had a discussion and we'll probably see a solicitor to finalise everything, from Ancillary Relief, child support and split of assets. Your advise and support are much appreciated.