cohabitees and financial support

My partner''s been told that if he moves in with me and my kids, my ex has the right to pursue him for maintenance for the children. This would reduce the financial obligations of my ex (who has full parental responsibilities) towards his own children, while placing a burden on a third party (with no legal responsibilities towards the kids), simply because he''s moved in with me. Surely this can''t be right?

No, it''s not right. Who told your partner that, someone in the pub?The natural father is responsible for child support.

Thanks Fiona - that''s a relief! It was apparently a family lawyer who told him that there is legal provision for partners cohabiting with resident parents to be made to take on a third of the financial obligations towards the RP''s children. I think the reason given was because they (the partner) assume a quasi-parental role in the household. Not sure if cohabiting laws were also mentioned. I couldn''t see how this made sense if the NRP''s partner had no financial obligations, but was assured it was the case.

I know that partners'' incomes are taken into account as part of household income when university funding is assessed (while no account is taken of the NRP''s, or their partner''s, income), but really needed to check that the family lawyer had got it wrong. It''s obviously important for partners to be fully aware of all potential financial implications, particularly where difficulties remain between the NRP and the RP.

The first port of call for child maintenance is the natural parent, but when a step parent has accepted the child as family and assumed responsibility for maintaining the child they could be called upon by the courts to maintain the child if the natural parent hadn''t been supporting the child eg if the natural parent had died or disappeared.

Court orders are for child maintenance payments are made to the child or the parent with the majority of care for the benefit of the child. There is no provision as far as I''m aware for step parents to be ordered to pay maintenance to the non resident parent.

In any case how old are the children? Usually the CSA, not the courts, has jurisdiction over child support for under 18s in full time education. Only if the natural parent had died or couldn''t be traced would the courts have the authority to make an order for child maintenance from a step parent.

Your response begs the question - when is a cohabitee just that, and when does s/he become a step-parent? Is marriage not the defining point, after which it might be expected there would be additional legal obligations towards children in the household?

In this case, the NRP is paying maintenance for the children (all under 18), which was agreed some years ago, but now wants to reduce it. The CSA is not currently involved. My concern is whether he could take legal steps to force my partner to pay me a proportion of the maintenance required for the children, thereby reducing his (NRP''s) own obligations.

NO, he cant take legal steps to force your partner to pay you some of the maintenance for the children - Fiona has already answered that question. As your ex is still alive and contributing towards the children, then it is him that is responsible for providing financial support for your children, not your new partner.

A parent''s obligations are not reduced by introduction of new partners or step-parents, those obligations, responsibilities and rights will remain the same.

Your response begs the question - when is a cohabitee just that, and when does s/he become a step-parent? Is marriage not the defining point, after which it might be expected there would be additional legal obligations towards children in the household?

In this case, the NRP is paying maintenance for the children (all under 18), which was agreed some years ago, but now wants to reduce it. The CSA is not currently involved. My concern is whether he could take legal steps to force my partner to pay me a proportion of the maintenance required for the children, thereby reducing his (NRP''s) own obligations.