Maintenance and other child in household

missp1982

Hi

Just after a bit of advice.  My ex and I have one child.  He is currently living with someone else (not married) who has a son.  Said son lives with them approx 60% of the time.  Our child is with them approx 40% of the time.

Ex has said that having her son in the house means that his payments should be reduced.  From what I can tell, this is correct, but does it matter that the child is not there 100% of the time?  The CSA calculator just asks if any other children in the household.

Also, as he is now expected to pay towards her son, does this in turn mean that her income should be used when assessing the maintenance payments for our child?

DE_612183

so they have the equivalent on one child 100% of the time, and you have one child 60% of the time - is that correct?

missp1982

Yes that's right

rumpetroll

He is correct in this instance, the child living with them more than 50% of the time means that will reduce his payments. It will only be his income that is assessed for maintenance, his partners income will not be included.

missp1982

Thanks for the reply.  Seems really unfair that they now pay less for our child when she is receiving maintenance from her ex husband.  

I would understand if it was their child together but seems a little unfair.  Oh well, such is life.

marcia_

missp1982 said:

Thanks for the reply.  Seems really unfair that they now pay less for our child when she is receiving maintenance from her ex husband.  

I would understand if it was their child together but seems a little unfair.  Oh well, such is life.

 The second child is not yours or theirs but the new partners? 

 Surely that wouldn't reduce their maintenance requirements? 

missp1982

Yes just the new partners.  The CSA calculator only asks if another child lives in the household so suppose its not wrong of him to tick yes.  

tightauldgit

missp1982 said:

Hi

Just after a bit of advice.  My ex and I have one child.  He is currently living with someone else (not married) who has a son.  Said son lives with them approx 60% of the time.  Our child is with them approx 40% of the time.

Ex has said that having her son in the house means that his payments should be reduced.  From what I can tell, this is correct, but does it matter that the child is not there 100% of the time?  The CSA calculator just asks if any other children in the household.

Also, as he is now expected to pay towards her son, does this in turn mean that her income should be used when assessing the maintenance payments for our child?

This came up in another thread recently and I don't think we ever got to the bottom of it and I couldn't find a definitive answer online. To my mind the child of someone who lives with you is not your dependent as you have no legal responsibility to that child. I don't see why CMS should therefore take it into account. 

However it seemed in the other case that CMS did take into account so that may well be their policy but I don't know if it's ever been challenged. 

With regards income, no its only the parents income that matters.

missp1982

The calculator doesnt really help as it just says does another child live with you.  Doesnt take into account that its not full time and not his own child.

We dont actually manage the maintenance via the CMS, but he uses it to work out how much money he pays me per month (as he has bonuses each month).

I'll just leave it as it is.  He's not actually reduced the payments as yet, just said that he should do as there is another child living there.  Just wanted to try and get some facts together in case he went down this route.

Thanks for all your help.

tightauldgit

missp1982 said:

The calculator doesnt really help as it just says does another child live with you.  Doesnt take into account that its not full time and not his own child.

We dont actually manage the maintenance via the CMS, but he uses it to work out how much money he pays me per month (as he has bonuses each month).

I'll just leave it as it is.  He's not actually reduced the payments as yet, just said that he should do as there is another child living there.  Just wanted to try and get some facts together in case he went down this route.

Thanks for all your help.

Yes the wording on the CMS site is very broad - it says you can make a deduction for a child for whom you pay maintenance but seems to include any child that lives in your household regardless. 

If he does go down that route i'd at least push back and see what he says - it doesn't seem fair that his child should lose out because he's moved in with someone else's kid. However I suspect if it did go to CMS then they would make a deduction for the kid that lives with him and you'd then have to either accept that or try to challenge it..  

mark5

Yes the other child would reduce what he pays you but by living with him his new partner might have lost tax credits etc. 

My new girlfriend moved in with me reducing what I should pay my ex by about £40 per month in maintenance  but my new girlfriend lost £600 per month I think in tax credits when she moved in.