My ex-wife remarried last week and her husband also has a 7-year-old-daughter. Does any of this affect my child support payments?
Your seemingly simple question actually raises a lot of very interesting points. You pay the amount mandated by the Child Support Pensions and Social Security Act 2000, which amended the Child Support Act 1991 and 1995, which said the non-resident parent should pay 15% of net income as child support.
To get a clearer picture of what you should actually be paying under current guidelines, you can use our free Child Maintenance Calculator.
However, if the child and custodial parent are resident outside the UK, the 2000 Act doesn’t apply, according to some sources, which could leave you free to petition for a change in the amount of maintenance paid.
Also, if you have to travel long distances and spend a great deal in order to have regular contact, you might be able to petition to have the maintenance reduced.
Perhaps surprisingly, the one factor that doesn’t seem to have any influence on the proceedings is the remarriage of your ex-wife, although you might suppose that would be the one that would affect things most.
Find out how much child maintenance you should pay or receive. Takes less than a minute.
Try our Child Maintenance Calculator free, here on this site →You do have a financial responsibility to your daughter until she’s 16 or until she’s 19 if she remains in full-time education; that’s very much the law.
Something you don’t say is how you and your ex arrived at the 15% of your income figure, whether it was agreed mutually, through mediation, or imposed by the courts, or whether her move to France occurred after the divorce.
It would seem that you’d like to reduce your child support payment, and that’s understandable when you’re paying £6,000 a year. However, before you start consulting a lawyer, consider a few things.
From the number of cross-Channel visits – both ways – it would seem that you and your ex are on good terms. Might it be possible for the two of you to talk and maybe arrive at a lower figure for child support? Something arrived at amicably is much better for all parties than going through a legal process.
Additionally, if you are on good terms, taking legal action to reduce child support payments could sour those good relations. Given that you have 10 more years of child support payments and visits, the goodwill might outweigh the money.
But, before you do anything, sit down and have a talk with your lawyer who can give you the proper advice in the situation. Find out more about child support payments in our guide, here.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
I am soon to get married and my ex always said if I remarried or got anyone to live with me he would cease payments.
My fiancé is a wonderful man and disabled and is unable to work. He is in the ESA support group and receives PIP. He does not work or have an income other than these benefits. We have a joint universal credit claim. I understand that my husband to be 's income is not included in the calculation of the amount my ex husband pays to support our daughter who lives with me and is in fill time education until she turns 19.
I will want to change my name at the bank once I remarry. Do I have to notify the CSA of this ' change of bank details'. My bank account itself won't change, just my married name.
I don't want to conceal anything from the CMS, nor do I want my husband to follow through with his threat to cease payments. The delay in going through the CSA to make a CSA arrangement would bring financial distress to our family home.
I want to do what is legally and morally right and to protect my daughter from hardship the withheld child maintenance would cause.
We divorced without any financial orders in place as my ex refused to settle on agreement.
I do not receive any spousal maintenance payments. Never have.
My ex has always made his payments on time, but I am afraid he will cause financial hardship once he discovers I have remarried. Will the CMS be obligated to inform him ?
If it is more than 25% can i start a private pension to ensure that gross salary doesn’t grow by more than 25%. That way i dont need to let anyone know and it will be next years payments that are affected.
My husband is 62 and has a 10 year old. He has no income and has been living off of his savings (inheritance). His ex has been living with her partner for nearly two years and they have just purchased a £3,000,000 house (her partner is very wealthy). She refuses to work despite the fact that she is well educated and employable. My husband has been paying £200 a month but has given her much more than that over the past 6 years, including £50,000 shortly after they separated. He pays all the private school fees and has shared custody where the child spends 40% of the time with us. His ex just sold her home and will have profit from that. He feels that he should not have to pay monthly maintenance any longer given all of this information and would like to ask her to begin paying 50% of the school fees. She will most definitely object. Any advice would be greatly appreciated.
I have a family based arrangement with my ex-wife for the last 10 years. The children were staying with me in the UK 6 days out of 7 as she wouldn't let me have them the 7 nights. 3 years ago I transferred with my company to Canada and continued to pay the same amount each month, plus fund the kids coming out to visit for the Summer. She has just had her long-term partner move into her house in the UK, one of the kids has just left school and is due to start a BTEC course at college, the other is 14.
My question is firstly, do I need to continue paying now that she's co-habiting? I will obviously fund what they need directly as I have a relationship with them not her and continue to pay for their flights and visits once able to do so again.
Is that it ? He just stops his responsibilities and thats it?
I have two young children, one is disabled, who live with me. I also have three children who live with my ex.
I earn only £130 a week and am on benefits to support myself and the two children who live with me.
My ex took me to court for CMA and I have to pay 40% of my income to her. This has put me into poverty and I cannot afford the oil for my heating or hot water.
Are there any grounds for reducing the payments given my circumstances?
Thank you
Raddish
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