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Maintenance payments?
#1
Just wondering if anybody can help me with my situation. I'm new to this and it's little complex so bear with me. Me and my ex partner separated recently after nine years and I felt the best thing was to leave our home. We have 2 biological children together a 4 and a 1 year old. She also has 2 children from a previous relationship a 13 and an 11 year old her ex partner has never contributed towards their kids. I work and I've always supported my ex financially ( btw she doesn't work) but now that we are separated do I have to provide child maintenance for all the kids or just mine? She seems OK with what I presently give her but I want to make sure I'm above the law so to speak. She seems to think I have to pay for them all as I have basically helped raise her kids. Also she wants to pay a nanny to help mind the kids if she has things to do and I can't help her. Do I have to help towards them costs and also towards school clothes etc any help with this is appreciated
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#2
(07-31-2017, 10:45 PM)Marky06 Wrote: Just wondering if anybody can help me with my situation. I'm new to this and it's little complex so bear with me. Me and my ex partner separated recently after nine years and I felt the best thing was to leave our home. We have 2 biological children together a 4 and a 1 year old. She also has 2 children from a previous relationship a 13 and an 11 year old her ex partner has never contributed towards their kids. I work and  I've always supported my ex financially ( btw she doesn't work) but now that we are separated do I have to provide child maintenance for all the kids or just mine? She seems OK with what I presently give her but I want to make sure I'm above the law so to speak. She seems to think I have to pay for them all as I have basically helped raise her kids. Also she wants to pay a nanny to help mind the kids if she has things to do and I can't help her. Do I have to help towards them costs and also towards school clothes etc any help with this is appreciated

Only the natural father has to pay Child Support, and this ends when Child Benefit does, what might be at 16, or at last as the Summer after 19th Birthday, if they stay in "Aproved" Education or Training.

Child Care (or Nanny) is nothing to do with you. Under the law, your ex can claim as a single person, so she will have what the law says she needs coming in, taking into account her household size. As part of that, the law says as a single person, if she works 16 hours a week, then via Working Tax Credit, she will get 70% of her Child Care costs paid, if its a Registered Child Minder or Ofstead Aproved Company. There is not a 30% shortfall still, as the applicable amount for other benefits also moves in that situation.

Your liablity is what happens in your time, where you have to provide a bed, cloths, food etc. On top of that, your Child Support payment is in law considered to be a fair contribution towards her day to day costs, taking into account your abliity to pay.

Where your ex might have a problem, is recent changes to benefits, for example Benefit Cap. However, that is also not your problem. What she needs to do is apply for a Discresioinry Housing Payment if affected, and seek Child Support from the other Childrens father.

In your situation, I would pay the £20, and put CMS in yourself, as she is clealy got her own ideas on what she wants, what is not what the law says you have to pay.

With regard to her other 2 children, your in the same situation as me, as I brought up a child 2006 - 2013, and on seperation my ex created a 2 family situation, telling my son who was 7 at the time, xxxxx is not his real sister.

You can try to get PR for them, under "Father by Assumption" rules. This would have to be via Court, and you would need permission from Court to make the application. With PR, you have the right to contact, and if anything happened to your ex, you would then have to have them. Their natural father could object to you making this application. In my case, it did not come into it, as he has died when xxxx was 2.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
Thanks very much for all the info you have provided as you as you can understand it's a challenging time and I'm not aware of the benefits system as I work. My current situation is that I am living with family but my kids stay one or twice a week until I can find a house so i just can't see them as often as I would like i.e staying over in my house as this isn't possible atm does this affect payment?

So there's added pressure from her to take the kids on more so she can do things so I'm catch 22. Then because I can't always do it at the drop of a hat she says she's had to get a nanny and that we should both pay
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#4
(08-01-2017, 05:55 PM)Marky06 Wrote: Thanks very much for all the info you have provided as you as you can understand it's a challenging time and I'm not aware of the benefits system as I work. My current situation is that I am living with family but my kids stay one or twice a week until I can find a house so i just can't see them as often as I would like i.e staying over in my house as this isn't possible atm does this affect payment?

So there's added pressure from her to take the kids on more so she can do things so I'm catch 22. Then because I can't always do it at the drop of a hat she says she's had to get a nanny and that we should both pay

Your ex will get Child Benefit and Tax Credits, as the childrens occupancy will only count at her house, in a Housing Benefit cliaim.

Your Child Support payment is reduced depending on how many nights a year you have the children, to take into account your costs and that your ex has less costs in that time.

You would get every other weekend and up to half school holidays, if you had to take it to court, but you might need Mediation first.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#5
I intend giving her what the law states as sufficient in helping her raise my children but I'm also mindful that when she sees me reducing what I give her every month and I always made sure she was comfortable, that she could use the children as a weapon to play games. She has hinted about the children after the break up. Is there any advice on the court process as it is a minefield
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#6
There is a ton of advice on here. If you go to the home page there are various helpful articles and reading through the forum you can get a whiff of what may be in store.

However if she is wanting a nanny on the surface it seems she would be happy for you to have the kids as much as possible so that she can do her thing but it could also be a ploy to have nanny for as long as she can each day so that you end up having to pay for half of it but she is unlikely to be able to afford half. Nannies start at around £10 an hour.

If she claims benefits and ends up on Universal Credit when it rolls out she will be expected to work part time when youngest turns 3.
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#7
Thanks a million for the info. Yes that's fair comment I've had no trouble seeing them tbh only there's days when I can't drop everything sorting out my own life. just further on the nanny situation is it fair of me to ask 4 details on them I.e to check they are legit fees etc as it's essentially a stranger looking after them.
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#8
Absolutely, Yes they’re your kids too and you would be contributing. If you do decide to do it pay the nnanny direct see receipts etc before paying.

Remember though you don’t have to contribute to this it is entirely at your discretion.
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#9
(08-01-2017, 07:51 PM)Hazy Wrote: There is a ton of advice on here. If you go to the home page there are various helpful articles and reading through the forum you can get a whiff of what may be in store.

However if she is wanting a nanny on the surface it seems she would be happy for you to have the kids as much as possible so that she can do her thing but it could also be a ploy to have nanny for as long as she can each day so that you end up having to pay for half of it but she is unlikely to be able to afford half.  Nannies start at around £10 an hour.

If she claims benefits and ends up on Universal Credit when it rolls out she will be expected to work part time when youngest turns 3.

In none Universal Credit areas, a Single Parent has to claim JSA from when a Child is 5. However, the rules untill the youngest child turns 11 (on both systems), is that only have to be avalaible in school times, for jobs up to 16 hours.

The Beenfit Cap is the main issue. They do not seam to care if your renting from a Council paying £100 rent, or paying the local housing allowance of £193.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#10
The benefit cap is pretty savage. Even if you get help with mortgage payments (SMI) where interest is paid by the state in the future it will only be paid for 18 months and will be repayable!
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