Can I claim child maintenance now?

BigMac79

My friend has tried to register here this morning but is still pending approval so I said I’ll post this for her.

I separated from my ex husband last year. He refused to move out of the house. We have one child. 

We are now divorced, he is still in the house but we have agreed a consent order that he moves out within the next 6 months. The order isn’t signed yet, just finalising a few minor points. Should be signed in the next week. 

He’s absolutely vile to live with. He’s dragging everything out and is hell bent on making me miserable. I’m just biding my time. Once this order is signed he’ll get what’s coming. 

I was thinking about child maintenance. Obviously he’ll have to pay it once he goes but does he have to pay now? He currently pays half the mortgage and bills but does his own food shopping for himself. I asked him to pay half school uniforms last year, he asked for receipts, deliberated for 2 weeks then gave me less than half. He doesn’t contribute towards any of our childs food, hobbies, childcare etc. Can I claim as soon as he signs the order? And can I backdate it to May last year?

ZaSa1418

No you can't backdate to May, the case starts when you contact the child maintenance service. I would suggest your friend calls them and tells them what you have posted here. I am sure she can open a case as they are not a couple. It also might make him leave sooner.

burlingtonfl6

BigMac79 said:

My friend has tried to register here this morning but is still pending approval so I said I’ll post this for her.

I separated from my ex husband last year. He refused to move out of the house. We have one child. 

We are now divorced, he is still in the house but we have agreed a consent order that he moves out within the next 6 months. The order isn’t signed yet, just finalising a few minor points. Should be signed in the next week. 

He’s absolutely vile to live with. He’s dragging everything out and is hell bent on making me miserable. I’m just biding my time. Once this order is signed he’ll get what’s coming. 

I was thinking about child maintenance. Obviously he’ll have to pay it once he goes but does he have to pay now? He currently pays half the mortgage and bills but does his own food shopping for himself. I asked him to pay half school uniforms last year, he asked for receipts, deliberated for 2 weeks then gave me less than half. He doesn’t contribute towards any of our childs food, hobbies, childcare etc. Can I claim as soon as he signs the order? And can I backdate it to May last year?

Not ''obviously''
Depends on the circumstances 

BigMac79

burlingtonfl6 said:

BigMac79 said:

My friend has tried to register here this morning but is still pending approval so I said I’ll post this for her.

I separated from my ex husband last year. He refused to move out of the house. We have one child. 

We are now divorced, he is still in the house but we have agreed a consent order that he moves out within the next 6 months. The order isn’t signed yet, just finalising a few minor points. Should be signed in the next week. 

He’s absolutely vile to live with. He’s dragging everything out and is hell bent on making me miserable. I’m just biding my time. Once this order is signed he’ll get what’s coming. 

I was thinking about child maintenance. Obviously he’ll have to pay it once he goes but does he have to pay now? He currently pays half the mortgage and bills but does his own food shopping for himself. I asked him to pay half school uniforms last year, he asked for receipts, deliberated for 2 weeks then gave me less than half. He doesn’t contribute towards any of our childs food, hobbies, childcare etc. Can I claim as soon as he signs the order? And can I backdate it to May last year?

Not ''obviously''
Depends on the circumstances 

Well given his circumstances - he has a job, will have child overnight less than 104 nights a year and has no other children support, he’ll be paying up.

Gavin83

It’s worth noting there is nothing wrong with him refusing to leave the house. Until the agreements are done and dusted he has as much right to live there as she does.

In terms of maintenance I can’t see why any would be due while he’s still living in the house. Currently they both live with the children and therefore technically speaking share custody. Once he moves out based on the arrangements you’ve suggested he’ll need to pay.

However he’ll no longer be liable to pay the mortgage or any of the bills so your friend needs to check they can afford these going forward. 

maman

Like most of these threads we don't know enough information. As gavin suggested, she could easily be worse off if he just has to pay maintenance for one child and she has to pay all her living costs including the mortgage. She might have to move out and sell the house.
Conversely, she might have a well paid job herself and it won't be a problem.
Who knows? 🤔

es5595

You say they live together, but child maintenance is worked out on how many nights they each take responsibility for the child. This means from the child waking one morning, until waking the next. 

Whilst living together its possibly a little more difficult, but assuming he works and she’s at home full time, he obviously has full responsibility for the child a maximum of two nights if he takes the child all weekend. 

I’d suggest filing with the CSA based on what the breakdown was the previous week. If he wishes to challenge this, he can, and it would then be best to begin to formalise child arrangements via email,  especially so it leaves a paper trail. 

You don’t mention the age of the child, this would be helpful too. 

sassyblue

Haven’t you had a family lawyer draw this consent order up? child maintenance could be written into the order too.  It would only be valid for one year and after that time either parent can apply to the CMS for it to be recalculated.

there is a government calculator for child maintenance where you enter the overnight stays and wage information.

pinkshoes

If he is that vile to live with, then why stay? Could mum and child go and stay with family for a while? Or rent somewhere else? She doesnt HAVE to stay.

As others have mentioned, once he moves out she will need to pay mortgage and bills on her own. 

74jax

BigMac79 said:

burlingtonfl6 said:

BigMac79 said:

My friend has tried to register here this morning but is still pending approval so I said I’ll post this for her.

I separated from my ex husband last year. He refused to move out of the house. We have one child. 

We are now divorced, he is still in the house but we have agreed a consent order that he moves out within the next 6 months. The order isn’t signed yet, just finalising a few minor points. Should be signed in the next week. 

He’s absolutely vile to live with. He’s dragging everything out and is hell bent on making me miserable. I’m just biding my time. Once this order is signed he’ll get what’s coming. 

I was thinking about child maintenance. Obviously he’ll have to pay it once he goes but does he have to pay now? He currently pays half the mortgage and bills but does his own food shopping for himself. I asked him to pay half school uniforms last year, he asked for receipts, deliberated for 2 weeks then gave me less than half. He doesn’t contribute towards any of our childs food, hobbies, childcare etc. Can I claim as soon as he signs the order? And can I backdate it to May last year?

Not ''obviously''
Depends on the circumstances 

Well given his circumstances - he has a job, will have child overnight less than 104 nights a year and has no other children support, he’ll be paying up.

I'm guessing he'll be paying less than he is now, what are the plans going forward will they sell the house etc?
I'm not sure why he needs to move out, if he is that 'vile' why doesn't she. 

sassyblue

If she moves out he could really drag his heels so I can understand why some people stay put because it can force matters.