Subsidising his ex through the kids

TheWaltons_3

Errata wrote: »

Your cooking last night must have been brilliant - it clearly did the trick :T

My understanding is that the consent order is final. If it isn't would someone please correct me, as I'll want to send two big blokes and an alsation round to see me ex

No it isn't final, go over to Child Support Threads and there are CSA workers who will testify this!

It can be changed after 12 months.

Stargazerlillies

Errata,

I've taken out the relevant chunk from the CSA website and the link is below for further information:

"If the consent order includes child maintenance, it avoids the need to involve the CSA as long as the parent who your children live with does not apply for Income Support or income-based Jobseeker’s Allowance. If either you or your ex-partner decides you would prefer to use the CSA's services and your consent order was made on or after 3 March 2003, you will need to wait until the order has been in force for a year. However if the parent who your children live with claims Income Support or income-based Jobseekers Allowance the consent order will no longer apply".

http://www.csa.gov.uk/en/setup/legal-support-agreement.asp

Rikki

A clean break divorce is just that. She can make no more claim on him for his pension or any other assests.

The only thing that can alter is the amount he pays in maintainence, due to a change in circumstances. Such as he finds himself in now.

CSA You can agree a maintaince figure with the CSA and still make the payments direct to the ex. (This is what my brother does, he pays the money into her bank account.)

Errata

I was thinking about claims on assets, as the OP's OH is worried about a future claim on his pension.

Stargazerlillies

Ahh, I see.

I did think the alsation was a little harsh....LOL! :rotfl: :rotfl: :rotfl:

on second thoughts..... :rolleyes:

Just kidding! naughty stargazer, naughty!

TBH I don't think that there is much chance that she could get any part of his pension or he could say 'right I want some of the house now!'. With regard to consent orders and assets I believe that they are final, as it does actually state that neither party shall have any further claim on the others assets. Just to be sure though I'm trying to get DP to speak to the CAB for free legal advice. I really understand now why he was so reluctant, although it would have been easier if he had just told me!

I don't think its going to be pretty when DP speaks to the ex ..... she used to just put the phone down on him if he tried to talk to her about finances & arrangements. Still at least she has time to get used to the change before it actually happens.

daisy_doughnut_2

hi there i think some one hit it on the head
if she is claiming social then she will not want it going to the csa also if she tries to claim anything he has left he could do the same to her as in if she wants 50% of his pension then he wants 50% of the house and she will be caught out for fraud if the csa get wind

if she does kick up a fuss maybe point this out in as nice a way as you can

swampduck

While I can understand your partners' wish to be more financially secure - I am surprised that he will be (in a manner of speaking) bettering himself by effectively using your money. (In the meantime your money disappears into a black hole as you are paying him rent!!) Why should'nt you be able to use your money to better yourself? If that means paying half a new mortgage that is an investment for your future together then so be it.
Why are you not buying a property together? I understand that you already have a property and he wants to be on a equal footing with you. So why dont you sell your property and invest a equal share with him on a new property - equal bills etc etc. with him using his lump sum for his initial deposit.
That way the balance of your monthly wages can be invested for your benefit and if the balance of his money goes on CM then that is his choice but you are no worse off and can spend or save as you see fit.
While he is to be commended for his commitment for his children you are to commended for being so supportive to him but personally I wouldnt be so generous.