Child Maintenance Query

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gunnapaul2
gunnapaul2 Posts: 97 Forumite
edited 9 August 2015 at 7:38PM in MoneySaving dads
Me and my ex separated in April and I've since moved out and now living alone. I have the kids two nights a week and sometimes during daytime randomly before I go to work. She has since met someone else and he has been staying round the house with her near enough every night. I'm a self employed taxi driver full time and pay my taxes. I claim no benefits.

My queries are, 1. Do I still need to pay child maintenance with him living with her unofficially? He is in full time employment. 2. Because my wage is dependent on how busy work is, how should I work out what to pay if I have to? 3. Can I seek free legal advice on this subject, and who with if so?

I'd like to point out I have my kids best interests at heart, nothing else. I also paid her £1k when I left (cash in hand, no proof) to help her out (from my inheritance money) and paid a month's rent in advance (bank transfer to landlord). She doesn't work and never has, she claims benefits. I've been paying her £150 a month for the time being.

Not interested in people's opinions of me or her, just want advice please. I have checked the government website, it's very brief details. Paul.

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  • Gigglepig
    Gigglepig Posts: 1,270 Forumite
    edited 9 August 2015 at 8:03PM
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    gunnapaul2 wrote: »
    My queries are, 1. Do I still need to pay child maintenance with him living with her unofficially? He is in full time employment. 2. Because my wage is dependent on how busy work is, how should I work out what to pay if I have to? 3. Can I seek free legal advice on this subject, and who with if so?

    I'd like to point out I have my kids best interests at heart, nothing else. .

    1. Yes. It is child maintenance so it is irrelevant whether she has a new boyfriend. Your kids still needs clothed and fed.

    2. You can look up the minimum legal requirement online, you will need to pay a percentage of all your earnings as an absolute minimum.

    3. Since have a responsibility to pay child maintenance, legal advice is unlikely to help since a lawyer can't change that. (Unless the kids are not yours... As long as they are, it is your responsibility to pay for them) . But some solicitors offer free half hr consultations.

    Since you have your kids best interests at heart I hope that means you are the kind of parent who will try to contribute to the best of their ability, as opposed to just the minimum legal requirement :)

    eta - link to calculator for minimum legal requirement https://www.gov.uk/calculate-your-child-maintenance
  • Topcat1982
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    1. Completely irrelevant. Even if they Marry, it's irrelevant.
    2. If she decides to go through CSA, they will sort it out.
    3. No, and I wouldn't waste money paying for it.

    If there's currently an informal arrangement, go through the bank, just in case.
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    gunnapaul2 wrote: »
    Me and my ex separated in April and I've since moved out and now living alone. I have the kids two nights a week and sometimes during daytime randomly before I go to work. She has since met someone else and he has been staying round the house with her near enough every night. I'm a self employed taxi driver full time and pay my taxes. I claim no benefits.

    My queries are, 1. Do I still need to pay child maintenance with him living with her unofficially? He is in full time employment. - Until this point you were solid. Why wouldnt you?! Why should he pay for YOUR children??!! 2. Because my wage is dependent on how busy work is, how should I work out what to pay if I have to? - Take your last years self assessment, work out the correct rate. (i can help you do this) and pay that. 3. Can I seek free legal advice on this subject, and who with if so? - sure, you just did. Seriously dont make yourself sound stupid.

    I'd like to point out I have my kids best interests at heart, nothing else. I also paid her £1k when I left (cash in hand, no proof) to help her out (from my inheritance money) and paid a month's rent in advance (bank transfer to landlord). She doesn't work and never has, she claims benefits. I've been paying her £150 a month for the time being. - £150 for 2 kids. Doesnt sound enough to be honest. But i dont know your wage. Not sure how you have their best interests at heart if you plan to stop supporting them.

    Not interested in people's opinions of me or her, just want advice please. I have checked the government website, it's very brief details. Paul.

    The fact.

    YOU are their dad. YOU pay the support. Not her new partner, who is NOT resposible for them (legally, morally, in anyway what so ever!)
    - though he may choose to be.
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