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Hi
So i have 2 children with my wife we are not together but are still married and live in the same house still neither of us can afford to move out, not a great situation to be in but its amicable for the chikdrens sake, she is asking for child maintenance from me and threatening to go to the cms, i disagree with this as i do help with payments for things, i also have an ex that i have one child with that i pay £500 a month too, can my wife open a case agaisnt me or not as were still married and living together?
Hi
So i have 2 children with my wife we are not together but are still married and live in the same house still neither of us can afford to move out, not a great situation to be in but its amicable for the chikdrens sake, she is asking for child maintenance from me and threatening to go to the cms, i disagree with this as i do help with payments for things, i also have an ex that i have one child with that i pay £500 a month too, can my wife open a case agaisnt me or not as were still married and living together?
Yes, your wife can still open a case against you for child maintenance even though you are still married and living together. The CMS will assess your income and other factors to determine how much you should pay. You may be able to apply for a reduction if you are unable to pay.
Hi,
If she contacts CMS then they are unlikely to open a case where both parent's and children live in the same house. A non-resident parent has to pay child maintenance. Its possible they will write to you. If that happens I suggest you contact them ASAP and explain the situation.
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