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My other half does not get on with his ex - They're going through court.
He's a university student with no set income, and we have a child. I DO work, however. People keep assuring me that I shouldn't be providing maintenance for their child, i love him to bites. We spoil him like crazy when he's here.. We have a large house with his own bedroom. He has lovely clothes and toys, very spoiled little boy.
His ex demanded that he pay £100 a week child maintenance, in August last year (yes seriously) as her student friends told her this is how much they spend on alcohol a week. Well, my other half certainly does not drink (at all) and has another son to support, as well as house etc that most students do not. he simply said this isn't an amount that he could afford, but he'd more than happily give her £15 a week, and pay for swimming, school uniforms and any other half costs that came up. She accepted, as CSA had put him on a nil rate and his solicitor had told him to pay nothing.
However, when she stopped contact again (she hated her son being around me) she closed their sons bank account and cried to the court that he didn't care because he'd stopped paying. They didn't care, and in the end she spited herself as we were no longer able to pay for swimming/maintenance. We now put the money in his savings account we own. She has since set up a CMO case (again) and lied to them saying he was working, had no other kids etc. He gave them his student details - Nil rate. He's asked through solicitors for her bank details, she refuses to give them but says he can have her son's bank details. He wants hers to cover his back when it comes to CMO.
What would you do.. How much do you suggest a university student with only loans and grants paying? He wanted to pay monthly so he could budget, she also demanded weekly. He's asked solicitors for a fair amount, they've said NIL as CMO state this.
I agree with his solicitor - if he pays anything to his ex, it doesn't sound like it will go on his son, so I would continue doing what he's been doing and put the money into a savings account that he has control of, and that way it will be a nice little sum for his son when he's older. If he can afford more, then spend it on his son when he does have contact - if his son needs clothes, then why shouldn't your partner go to the shops with him to get them, that's all fun time for both of them.
Hello Mummy1
As your partner is a student and has no other income, the Child Maintenance Service are correct in their nil rate assessment. Your income is not considered in the equation.
Contact and maintenance are two totally separate issues and should be treated as such. Whether maintenance is paid or not, that should not affect any rights your partner has to see his son.
He does not really need any proof of anything that he has paid because if there was to be a case in the future, it would start from then and there would be no back-dated payments.
As it has been assessed as a nil rate, your partner has no legal obligation to pay anything into any bank account, but of course that is not to say that he should not put something away for his son to give him at a later date.
If you or your partner want information on the different ways that maintenance can be arranged, if and when necessary, you can contact Child Maintenance Options, http://cmoptions.org.
The Department for Work and Pensions (DWP) have a web application, ‘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.dad.info/divorce-and-separation/sorting-out-separation.
Regards
William
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