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?
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
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.