Child maintenance query

aventurine

Hi all,

I wondered if anyone could advise me on how to proceed with the following situation...

I divorced in 2007, having 2 children. Ex at the time earned around £35,000 a year. As the split was fairly amicable, maintenance payments were agreed between ourselves at the 20 per cent rate of his net income. He promised he would increase the amount if and when he had any pay rises.

A couple of years ago he told me he'd had a promotion but no pay increase with that (due to the nature of the original job, I could understand that as it involved anti-social hours). However, last night at a parents evening we were both attending, I heard him telling an old friend we bumped into that he'd had another promotion at the end of last year.

So I am wondering how best to approach this? As money is rather tight for me, plus the cost of living has gone up fairly dramatically since the divorce, I would appreciate some extra maintenance from him if he has indeed had a pay rise - and to be honest, I think it's only fair. Trouble is, I can envision this upsetting the applecart if I'm not careful - plus I don't want to spoil the amicable nature of things as they now stand between us.

Any tips? Am I entitled to know how much he earns?

angelsmomma

No I don't think you are entitled to know how much he earns. I would just ask him if he could increase the amount he gives you.

If he says no then you have to decide if going to the CSA could get you more. They do have a right to ask him.

It depends on if you want to go down that road.

My ex forced me to by refusing to pay me anything. Once I did get an order, he paid every month since 2007 and despite him having wage increases I have never asked for it to be reassessed because I can manage on what he gives me and don't want to rock the boat.

Brunel2013

I'm currently using CSA for maintenance payments and as your husband is employed they will be able to find out what he is earning and how much should be paid to you. They do take into account how often he see the children and will adjust the figure accordingly. However they let you make the decisions as you go along and if they calculate he should be paying less you can leave things the way they are and continue to receive your current payments. Just remember that had the marriage not broken down any extra income from promotions/pay rises etc would have been spent as part of the family income and therefore you (and the children) are fully entitled to any money that is due. In my opinion you are not rocking the boat but just asking for the money that would have been spent on the children had the marriage not broken down.

Ms_Chocaholic

Has he had any other children since the split, does he live with someone who has children, this could (I think, but I'm no expert) reduce the amount he pays to you. Consider all options before approaching CSA, the maintenance he pays for the children could go down if any of the above apply.

Fosterdog

How much contact does he have and how many overnights?

aventurine

Thanks for your replies

Some further info:-

He has remarried, but has no further biological children. His wife has 2 children from a previous marriage, but one has grown up and left home, the other is 17, but they are provided for by their biological father, and regularly stay at his house.

My kids stay at their dad's house 2 nights a fortnight, plus a few extra nights in the summer/christmas holidays.

NAR

aventurine wrote: »

As money is rather tight for me, plus the cost of living has gone up fairly dramatically since the divorce,

As it has for your ex and his new family! Perhaps you should be looking at how YOU could improve your household income and thus improve your financial situation, rather than look to your ex to solve the problems.

Mojisola

NAR wrote: »

As it has for your ex and his new family! Perhaps you should be looking at how YOU could improve your household income and thus improve your financial situation, rather than look to your ex to solve the problems.

Why shouldn't the children benefit from their father's increased salary?

houseimprover

Mojisola wrote: »

Why shouldn't the children benefit from their father's increased salary?

This would apply if the father isn't paying at least the recommended amount by CSA but as we don't know you can't make this assumption just like that.

NAR

Mojisola, I have no issue with that in principle, however I think their informal arrangement certainly at least meets her ex's financial liabilty. If not I'm sure OP would have gone the formal CSA route.

Mojisola

houseimprover wrote: »

This would apply if the father isn't paying at least the recommended amount by CSA but as we don't know you can't make this assumption just like that.

I can. If the absent parent was paying an agreed amount (whether CSA or private) and he/she gets a pay rise, it's only fair that the amount he/she contributes towards the children should increase.