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[Solved] new partners children

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(@willoboy)
Active Member Registered

My new partner has three children , two at university and one at six form college. The two at university are home weekends and university holidays. The other child is at home permanently. Do they take this into consideration when working out maintenance payments to my ex partner for my two children. I am not married to my ex . My children are 14 and 11. also do they take my new partners income into account? we are due to get married soon?

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Topic starter Posted : 09/02/2014 11:02 pm
(@Huxley)
Reputable Member Registered

Hello

No they won't take your partners income into account, they will take into account the child that lives at home permantly, how old are the two that are at university ?

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Posted : 10/02/2014 12:19 am
(@willoboy)
Active Member Registered

The two at university are 19 and 22 yrs, but home regularly.

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Topic starter Posted : 11/02/2014 1:02 am
(@Huxley)
Reputable Member Registered

The 22 year old defiantly wouldn't be included, I'm not sure how it works when they are at university and home sometimes because when the CMS call you they ask for the children's names, date of birth and child benefit number

Actually I've just answered my own question there ha... The 19 year old doesn't quality for child benefit as he/she is at university which means the CMS probably won't take him/her into account. But do check with them

So in answer to your question they will take the child that lives there permanently for sure

So your child maintenance calculation should be your gross wage minus any pension, minus 11% for the child that lives with you and then minus 16% for your two, minus any shared care and special expenses (travel to collect the child etc)

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Posted : 11/02/2014 1:42 am
(@willoboy)
Active Member Registered

Thank you for that info. Do they take into account household bills ? Had a solicitors letter to respond to within fourteen days , but carnt afford to get legal help to respond , what would happen if I don't reply? Tried going to talk with my ex but she was taken no notice and seemed intent on pursuing a solicitors help.

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Topic starter Posted : 11/02/2014 11:13 am
(@Huxley)
Reputable Member Registered

No they don't take account of your household bills, they used to years ago but that stopped ages ago

If she has already contacted the CMS/CSA then you will be building up arrears from the day she contacted them, so it's best not to ignore the letter

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Posted : 11/02/2014 1:20 pm
(@willoboy)
Active Member Registered

I pay her £239 a month for the children, she cancelled the csa last year and then with drawn i t before it actually started. I still pay this amount . She wants more money. I offered her more money,
The solicitor letter is to say that she threatens to do it again, and she wants me to have the two children fri, sat and sunday nights,and she threatened court,
she has met a new guy and they are the nights she wants to go out!! (she was the one that left 4 year ago after a year long affair with someone without me knowing).
I am now building my life and due to marry in July 14..
I work long hours on a rota system and I am happy to have my children but not on the days she dictates . I do find speaking to her impossible and hate her for the past..
I am lucky I have regular contact with the children daily via txt and phone calls and if I am home earlier I get a chance to see the children for an hour on route home from work. My ex doesn't want me to contact them but to do it through her only. That I feel is unfair for the children who can speak to me whenever they choose to.
Does the ex always get the upper hand, so to speak in court ,csa/cma and solicitor's? Do the fathers views get taken into account?

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Topic starter Posted : 12/02/2014 11:24 am
(@Huxley)
Reputable Member Registered

£239 seems a reasonable amount for 2 children but you would be getting a reduction for having the children overnight have you put your earnings through the CMS calculator to see what figure it comes up with?

In my experience with the court and contact they do seem to take the fathers views into account
CSA/CMS are there to get maintenance flowing between the NRP and PWC but I find the PWC's word takes priority, they call it the right to be believed, so if you have the children for 3 nights overnight which reduces your maintenance and she denies this they will only put one night a week down for calculation purposes

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Posted : 12/02/2014 1:16 pm
(@dadmod4)
Illustrious Member

.... I find the PWC's word takes priority, they call it the right to be believed....

I've not heard that phrase before. Obviously, the NRP doesn't get that right!

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Posted : 13/02/2014 1:09 am
(@Child Maintenance Consultant)
Noble Member Registered

Hi Willboy

Thank you for your post. I am William the Child Maintenance Options consultant. I will provide you with some information that may help answer your query.

If you wanted to use the statutory rules, child maintenance is worked out using the paying parent’s income. One of the factors that is taken into account is the number of other children living with the paying parent. The statutory child maintenance service will require proof that Child Benefit is being paid for these other children before they can change the payments.

When calculating child maintenance, the Child Maintenance Service will not take the paying parent’s partner or spouse’s income or the paying parent’s household bills in account. You can find more information on how the Child Support Agency (CSA) and the Child Maintenance Service works out child maintenance on Gov.uk at https://www.gov.uk/how-child-maintenance-is-worked-out. If an application has been made to either the CSA or the Child Maintenance Service, you may wish to contact the organisation that is managing your case for further guidance. You can find the relevant contact details on any letters they have sent you, or via Gov.uk at https://www.gov.uk/child-support-agency.

For more information on the ways to set up child maintenance, please visit our website at http://www.cmoptions.org. Alternatively, you can call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on a Saturday. We have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.

Regards

William

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Posted : 20/02/2014 6:23 pm
willoboy and willoboy reacted
(@willoboy)
Active Member Registered

Hi William,
As I give my ex partner £239 per month (this amount worked out through csa calculator) . Could she deny this being for child maintenance? and I end up receiving a big bill later ....... What sort of steps has other guys put in place to ensure they don't get hit?

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Topic starter Posted : 24/02/2014 10:29 am
(@Huxley)
Reputable Member Registered

Make sure you pay via standing order and clearly mark CHILD MAINTENANCE

She could quite easily say she hasn't received any, although maintenance would only be backdated from when she opens a case

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Posted : 24/02/2014 2:38 pm
willoboy and willoboy reacted
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