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Hi
I got together with my girlfriend 3 years ago. She has a child. We moved in together August 2013 and have our own child too.
Recently the father of my partners child is refusing to pay any maintainence towards her upkeep on the basis that he knows my income and jointly with my parter our combined income exceeds £50,000 - therefore he legally doesn't have to pay anything.
It is my understanding that my income doesn't come into any CSA maintenance calculation. Please can someone confirm.
Happy to provide more detail, please ask questions.
Hi there
That's correct, the CSA, or CMS as they are now called, are only interested in your partners income. Hope that clarifies your position.
Here's a link to the government Leaflet that you may find useful.
Thanks for the prompt response, really reassuring as he's gone from a top dad to a complete let down in the space of 3 months.
Hi MDeacon,
As Mojo says, your earnings don't come into it. He is paying your partner (his ex) for his child.
I pay my ex for my children, regardless of what her boyfriend earns, and my fiance's ex pays for his children regardless of my salary...
I would suggest that he needs to start paying again, otherwise CMS will class it as non payment, and it'll have to go via CMS - incurring further charges (20% for him, 4% for your partner)
All the best,
BD.
Hello MDeacon
If an application were made to the Child Maintenance Service, they work out child maintenance using the paying parent's gross income, which is income before Income Tax and National Insurance are taken off, but after occupational or personal pension scheme contributions are taken away. In most cases this gross income figure comes from information given to HM Revenue & Customs by the paying parent, their employer or a third-party such as an accountant.
If you would like further information on how the Child Maintenance Service calculate child maintenance, you may wish to visit the following website https://www.gov.uk/how-child-maintenance-is-worked-out/how-the-child-maintenance-service-works-out-child-maintenance.
For more information on the different ways to set up child maintenance, you can visit the Child Maintenance Options website at http://www.cmoptions.org.
The DWP 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
to be honest, I wouldn't even give him the opportunity to start paying voluntarily, whatever you are earning, he is saying that he has no responsibility to maintain his children, and that stinks IMO. Open a case immediately with the CMS and let them sort it out - he has the opportunity to pay direct to avoid charges, so he can save himself some money by cooperating.
If you don't actually need the money for maintenance, then put it into a savings account for them when they are older.
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