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does he have to pay maintainance?

  • doodles
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30 Jan 08 #12328 by doodles
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ive just been informed by my solicitor that my ex 2b doesnt have to pay maintainance for his duaghter due to the fact im cohabiting. hes on 75k a year and im on 20 ann my partner also has a child to support and pays 300 month to his ex. my parnter also has mortgage etc and outgoings are more than incomings. will this be taken into consideration and is it right?

  • Josh2008
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30 Jan 08 #12350 by Josh2008
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Don't take it as clear cut, cohabiting can end at anytime.

Solicitor should give better advice, which is, you should file for SM if appropriate and even if you only get a small amount now you can go back for an increase if your circumstances change in the future

I understand that cohabiting does not affect child support

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30 Jan 08 #12367 by doodles
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thanks josh, maybe my sol means spousal maintaintance not child maintainance?

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30 Jan 08 #12368 by doodles
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thanks josh, maybe my sol means spousal maintaintance not child maintainance?

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30 Jan 08 #12372 by Josh2008
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Whatever solicitor means, go for SM and if you qualify even if only 5p a year now, you are protecting your future in the event that circumstances might change.

Let's not forget that most of us on here a week ago, a month ago, a few months ago and for some poor souls years ago:-

They did not think then that their situation would change, only to find themselves in the middle of some unwanted but inevitable turmoil.

Lives were turned upside down and for some, at the drop of a hat, all I say is protect what you have and obtain what you are entitled to, be as fair in it all as you can.

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31 Jan 08 #12406 by doodles
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thanx hunny for yr sound advice x

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31 Jan 08 #12460 by IKNOWNOW
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FACT : It is Law that the NRP has to pay child maintenance for their child whatever other financial arrangements are in place. If this is assessed through the CSA then further rules apply as to how many nights the child stays with the NRP. You can use the CSA calculator on their website even if you have no need to use the CSA to collect Child Maintenance payments. Hope this clarifies things.

I think the confusion lies with Spousal Maintenance. It is quite usual for SM payments to cease when you start co-habiting.

Regards, Sarah

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