Does estranged partner moving in with g/f and kid affect my maintenance?

sherbie28

Hello,

My friend has a maintenance question. She is separated from her husband (they have two children together). He is now moving in his g/f who has a child (not his) and my friend would like to know does that affect the maintenance that he will pay to her? Thanks.

enemes

Hi

I think it depends on which system his assessments were made. CS1 was before March 2003, and CS2 for after that date.

Not too sure about the CS1 scenario, but under CS2, it makes no difference what his circumstances are, therefore, it shopuld make no difference to how much he keeps paying - unless, of course, they were to go on and have a child themselves.

justontime

It will make a difference to the CS2 calculation and assuming his wage has not increased the ex may get less CSA payment because there is a child living in the NRP's household and 15% of his net income will be disergarded before doing the 20% of net income calculation for CSA due. However if any child tax credits are paid to the new family unit they will count as part of his income. It could make a difference either way on CS1 as there will be a change in housing costs, but the child in the household will not be taken into account in the basic calculation, only in the protected income.

kelloggs36

To add to justontime - it may or it may not make a difference in the end under CS1 - it depends really on whether the new partner is working because if not, the child allowances MAY reduce the amount payable due to them falling below the protected income amount if he were to pay the full amount. If new partner works then the likliehood is that they will be able to pay the full amount.