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Hi,
I am having difficulty finding a definitive answer, not opinion on the below scenario:
If a non-resident parent has become unemployed and does not wish to claim benefits (job seekers allowance) what is the laws view on maintenance payments?
The non-resident parent has no financial outgoings and does not have any assets and is living with their parents.
Has the non-resident parent got an obligation by law to find employment to contribute towards maintenance payments?
Thank you
If you're not earning, and you don't have any savings, you're not liable to pay CM
If you're not claiming any benefits, such as job seekers allowance, you would be under no obligation to find employment. The only issue for you would be your National insurance contributions, if they're not covered, you will have a gap in your your qualifying years, which may effect your state pension payments.
Hello Forest
The Child Maintenance Service (the Government’s statutory maintenance service) works 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, or any benefits they receive.
With this in mind, if an application is made for child maintenance and a paying parent does not receive a taxable income or any benefits, there would not usually be a requirement to pay.
For a more personalised response, you may wish to contact Child Maintenance Options directly at http://www.cmoptions.org.
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 https://www.sortingoutseparation.org.uk/.
Regards
William
I've just left my job, and am currently unmployed. There is no legal obligation to work or find work, if you dont claim benefits your assessment will be £0. If you sign up for benefits then i think its £7 per week.
The CMS will want to know how the paying parent is going to support themselves if they done sign up for benefits, but to be honest I don't think this is any of their business and they have no right to ask.
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