Maintenance payer made redundant

KEC11

I can’t find anywhere that will help with this and CMO won’t take a call. My ex has told me he has been made redundant so will pay me for the next 3 months whilst on garden leave but then will stop paying unless he has a new job. Can he do that and does his redundancy money not come into play?  He also lives with his partner who is in full time employment and they have no kids and no mortgage. I can’t rely on his morally offering what he can afford to help me (he barely sees his kids despite living around the corner). I’m really concerned as without his maintenance I could lose my house! I get a little bit of tax credit but not much and that won’t increase because I now get no maintenance. Am I done for or can he be legally made to pay anything? 

CurlySue2017

If he is unemployed and claiming benefits, he will be put on the flat rate of CMS which is £7 per week.

It has nothing to do with his partner, they are not their children.

ETA: You don't say whether or not there is an existing case, if there is the above is the case, if not he can pay what he likes voluntarily until you open a case with the CMS

Tammykitty

KEC11 said:

I can’t find anywhere that will help with this and CMO won’t take a call. My ex has told me he has been made redundant so will pay me for the next 3 months whilst on garden leave but then will stop paying unless he has a new job. Can he do that and does his redundancy money not come into play?  He also lives with his partner who is in full time employment and they have no kids and no mortgage. I can’t rely on his morally offering what he can afford to help me (he barely sees his kids despite living around the corner). I’m really concerned as without his maintenance I could lose my house! I get a little bit of tax credit but not much and that won’t increase because I now get no maintenance. Am I done for or can he be legally made to pay anything? 

Off course he can - he can't pay you what he doesn't has - his partners income is irrelevant - she will be expected to support her partner and his living expenses, but not your children.

If you were still with your ex and he was made redundant, not only would he stop contributing to household income, but  you would also be expected to support him.
 As above, if he is claiming uemployment - you will get £7 a week (and i think this is cancelled out if he has the kids for a night a week)

Comms69

KEC11 said:

I can’t find anywhere that will help with this and CMO won’t take a call. My ex has told me he has been made redundant so will pay me for the next 3 months whilst on garden leave but then will stop paying unless he has a new job. Can he do that and does his redundancy money not come into play?  He also lives with his partner who is in full time employment and they have no kids and no mortgage. I can’t rely on his morally offering what he can afford to help me (he barely sees his kids despite living around the corner). I’m really concerned as without his maintenance I could lose my house! I get a little bit of tax credit but not much and that won’t increase because I now get no maintenance. Am I done for or can he be legally made to pay anything? 

Yes he is correct. calculation is done on income, not assets. and his partner is not responsible for your kids. 

diego_94

Yes what he is saying is correct. His redundancy has nothing to do with it, and neither does his partners income. If he has no income he doesn't have to pay.
Do you have a case open with the CMS?

KEC11

Thanks everyone for your advice. I do have a case currently and he hardly ever sees his kids so he won’t fall under the 1 night a week. I appreciate they are ‘our’ kids and not his partner’s responsibility but I am aware that despite his redundancy he will not be struggling for money whereas I very much will which will impact his children. Guess some Dad’s will give whatever they can despite the CMS rules and other Dad’s won’t - down to morals standards...

Comms69

its not his to give though in terms of partners income. 

KEC11

I appreciate that but it is from his substantial redundancy payout that I am surprised does not count towards at least some reduced maintenance payment. Redundancy money is compensation for loss of income. 

ZaSa1418

How do you know he is getting a substantial payment? has he told you this? He could be getting statutory redundancy and that is not much at all. 

Comms69

KEC11 said:

I appreciate that but it is from his substantial redundancy payout that I am surprised does not count towards at least some reduced maintenance payment. Redundancy money is compensation for loss of income. 

Sort of yes, the system isnt perfect, but it is what it is. 

CurlySue2017

KEC11 said:

Thanks everyone for your advice. I do have a case currently and he hardly ever sees his kids so he won’t fall under the 1 night a week. I appreciate they are ‘our’ kids and not his partner’s responsibility but I am aware that despite his redundancy he will not be struggling for money whereas I very much will which will impact his children. Guess some Dad’s will give whatever they can despite the CMS rules and other Dad’s won’t - down to morals standards...

Think of it another way - let's say you won the lottery and became a multi-millionaire (oh if only!)  Would you then close the CMS case as you have enough money of your own already?

He would still have to pay CMS no matter how much money you already have.

Is there no way that you can increase your own income?  More hours, better pay, move to a cheaper area etc etc.