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Is my girlfriend in any way liable for my daughters maintenance?

Hi there,

I'm after a bit of advice from anyone who has had similar experiences.

I have a daughter from a previous relationship for which I currently pay maintenance (calculated via CSA, however my ex and I came to an agreemant where I pay my ex directly). This was all setup before I moved in with my new girlfireind.

My current girlfriend was told that if we were ever to get married she would take on financial resposibility & that this would continue if we were ever to split up. Is this true? If so, is there anything we can do to avoid this?

If I remember correctly "household" income/outgoings are used to calculate CSA payments? However, I want to take on all resposibility for my daughter & don't see why my girlfriend would be liable, especially if we were to split up.

Thanks in advanvce for any responses.

Anthony

Comments

  • ALIBOBSY
    ALIBOBSY Posts: 4,527 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I thought CSA no longer takes into account the NRP partners income? I had a friend in a simular situation a few years ago under the old rules who just refused to give the new partners income which seemed to work.
    I am sure some more experienced posters will be along soon, I can't think why she would become resposible in any other way (legally not morally-as a step mother she may obviously feel some moral and emotional resposibilities down the line).

    ali x
    "Overthinking every little thing
    Acknowledge the bell you cant unring"

  • Pee
    Pee Posts: 3,826 Forumite
    My understanding is that the CSA would calculate on your household income and outgoings, which would include your girlfriend's, especially if you were married. Therefore her earnings would be taken into account, although only for the duration of your relationship.
  • if you dont actually go through the csa then if your daughters mum decided to go through the csa, they will not take into account your new partners income

    They used to pre 2003 but they do not anymore

    it's only nrp's responsibility to contribute not nrp's partner
  • Soubrette
    Soubrette Posts: 4,118 Forumite
    CSA2 is calculated purely on your take home pay.

    Your girlfriend has no legal responsibilities towards your child and will not, even if you were to marry or indeed split up. Mum and Dad are supposed to support their children emotionally, physically and financially (anything extra is an added benefit :))

    As an aside - are you making sure that all maintenance payments to your ex are documented as such?

    Sou
  • marksoton
    marksoton Posts: 17,516 Forumite
    Your girlfriends circumstances could only be taken into account if the CSA case was started before 2003 and even then it would only be in limited circumstances. She certainly would not be responsible for payment, it is your assessment not hers.
  • Yes, I make my maintenance payments via bank transfers so I have records.

    Thanks for all the information.

    Anthony
  • Donedoingdebt
    Donedoingdebt Posts: 1,196 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    marksoton wrote: »
    Your girlfriends circumstances could only be taken into account if the CSA case was started before 2003 and even then it would only be in limited circumstances. She certainly would not be responsible for payment, it is your assessment not hers.
    Quite correct & she would most certainly not be responsible in any way should you split up.
    If your case was started before 2003, (CS1) the assessment is calculated on your income & housing costs only. However, they would then want to check your Girlfriend's income to make sure you have enough total income left to be above the CSA's minimum threshold.
    If your case was started after 2003 (CS2) then your Girlfriend's income is irrelevant.
    Donedoingdebt Lightbulb moment January 2000. Debt at highest approx £102,000. Debt now (October 2009 - absolutely fork all!!!):beer:
    CSA case closed on 02/09/10 :beer::beer:
  • pd001
    pd001 Posts: 871 Forumite
    Part of the Furniture Combo Breaker
    Yes, I make my maintenance payments via bank transfers so I have records.
    Anthony

    To whom?
    An account in the name of your ex?
    An account in the name of your child?
  • Whether you are on CSA1 or CSA2 makes no difference as your girlfriend has NO legal obligation to provide her financial details to the CSA in regard to your child's case.

    I think the problems come if you are on CSA1 and they are trying to work out how to apportion the household costs between you and your gf. if they dont have her details they can just do it however they want.

    The CSA kept writing to my OH asking for my details in regard to his CSA case with his ex over their kids so eventually i just phoned them and told them they had no right to my info and i would not be supplying it so to please stop asking and (surprisingly!) they did.
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