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Hi
I’m a single dad with 2 little girls at home with me. Their mother who has always paid maintenance is planning on giving up work around Christmas time as she is pregnant. She lives with her partner who will continue to work. Is it right that she will no longer have to pay me any money when she stops earning? As this will be a financial disaster for me
Hi there
If you have a private family arrangement with the mother, it would be up to you both to re negotiate terms.
If you pay through the CMS however, I think that may be the case, although if she is taking maternity leave, you may still be entitled to a reduced amount. It would be best to check with them.
Best of luck
This explains the circumstances where you will receive a flat £7 per week under CMS
https://www.nidirect.gov.uk/articles/how-does-child-maintenance-affect-benefits
If she isn't receiving anything, then there is no CMS liability for her to pay maintenance I'm afraid, you can't rely on any income her partner may get as CMS don't take that into account.
Hello Scoobydom
Child maintenance is calculated using the gross income of the paying parent. If the paying parent no longer has a taxable income then child maintenance may no longer be payable.
If while your girls mother is on maternity leave, you may find that she is still receiving maternity pay from her current employment. You would be entitled to receive some maintenance from this income for your girls, however, the maintenance calculation would also take into account that your girl's mother has a new baby living with her and also any other children they have living with them in their household.
If you currently have a family-based arrangement in place, you can negotiate a new calculation with your girl's mother to accommodate her new circumstances and Child Maintenance Options can provide you with information and support in coming to a new agreement. They also have some supporting tools on their website at https://www.cmoptions.org and in particular an Online Calculator to help you with a new payment plan.
This is available to calculate an amount of maintenance that the Government consider to be a reasonable payment and you and your girl's mother might find this a good starting point for your negotiations.
If you do have a statutory scheme in place with the Child Maintenance Service, you will both need to contact them and inform them of the new circumstances so they are aware of them and can recalculate her payments if necessary.
A Consent Order in England and Wales and Minute of Agreement in Scotland is a legal agreement for child maintenance and if you do have this agreement in place, you will need to seek legal advice.
You may also be interested to know the Department for Work and Pensions (DWP) have a website, 'Sorting out Separation'. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is http://www.sortingoutseparation.org.uk/
For more information and for a more personalised service, you may wish to visit the Child Maintenance Options website yourself.
Regards
William
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