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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Ex has a new partner who has moved in

  • TimA
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29 May 12 #333898 by TimA
Topic started by TimA
Hi,

Since the separation and up to now I''ve been paying maintenance for my three children as per what the law states I should pay. I''ve not missed any payments so there are no arrears.

It seems, although I have no proof to suggest this is the case, the ex has a new partner who has moved into the FMH. He, as I understand, has a full time job and as such commands a salary.

The ex has a part time job plus the supplements she receives from the state and the maintenance I provide far outweighed my take home pay.

As there is no communication I am not sure what the current situation is regards her finances. So I need to understand where her new partner stands reagards financial responsibility for her and the children.

Please note this is not me making an attempt to get out of paying maintenance as I realize this is required under any circumstance.

What I am getting at is that it looks to me as if he is getting a roof over his head, although he may be contributing to the bills and the upkeep of the house, without funding the children''s upbringing.

I would have thought the ex benefits would have gone down as a result of him moving in and his salary would need to make up the difference?

I don''t know how much he earns but it would seem that my maintenance payments are to stay the same no matter what he earns? Lets just say for arguments sake he has a really big salary and can comfortably afford to pay her bills etc. allowing the ex to keep her salary and the reduced benefits.

It just seems that their liquid equity is going up whereas my maintenance figures will stay the same. Additionally, it seems from what I have been told that if I found a partner our combined salaries would be taken into consideration when calculating maintenance so the ex would get even more from me when her liquid equity has already gone up since the new partner moved in.

All in all the balance seems a but unfair to me.

Can anyone help me understand this please?

Thank you.

  • eyes on horizon
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29 May 12 #333901 by eyes on horizon
Reply from eyes on horizon
Cm is payable no matter what her financial situation is and is only ever based on your income, any new partners income will not be included in cm calculations. You may be getting this confused with spousal maintenance which can be difficult to claim of your ex is cohabiting. If h
She is cohabiting then yes, her benefits will and should be reassessed but this is her business and not yours. Cohabiting is very hard to prove and unless you are paying spousal maintenance then trying to prove it is pointless.

  • happyagain
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29 May 12 #333902 by happyagain
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Your responsibility towards the children will not change until they reach adulthood. This is regardless of whether mum wins the lottery, marries a down and out, or any other scenario.
But you are quite right, the bf should be contributing to the home he now lives in. If you haven''t settled your finances yet, this will be to your benefit as your ex will have lower outgoings.
Should you remarry / cohabit, your partner''s earnings are never taken into consideration when calculating child maintenance - that is solely between you and the ex.

  • Poppy P
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29 May 12 #333903 by Poppy P
Reply from Poppy P
Hi Tim

Welcome.
I think you may be getting confused with Child Maintenance and Spouse Maintenance. CM you have to pay regardless of who your ex is living with. SM is a whole different matter. Do you have a Consent Order drawn up?
Poppy

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29 May 12 #333905 by jslgb
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Do you go through the CSA?

As far as i''m aware partners salaries do not contribute to the amount of maintenance paid. Mine never did with my stbxh and his child, and his new partners havent been considered in the maintenance he pays for our child. As far as i am aware the only circumstances that affect maintenance is the number of children in the house. If you were to bring more children into your home your maintenance would be reduced, if she were to have more children your maintenance would increase - if only slightly. This is in accordance with the CSA.

If your exes new partner is receiving a full time wage and they are declaring they live together your exe''s benefits will be scaled back to child benefit and tax credits only. Question is, are they declaring it? My ex moved in with his new partner 18 months ago and still doesnt declare it.

In addition, your exes new partner isnt obligated to pay for your children (and may choose not to). I know its a pain and i have been on the side where its frustrating sending money to someone who has moved on and receiving a larger income into their house, but on the other side i would also be grateful if any new partner i had contributed towards my child so i could provide for her better.

Hard situation to be in. My stbxh''s contribution is so minimal and she has to forgo things due to that. If you can, try not to put your children in that situation!

Good luck!

  • sexysadie
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29 May 12 #333925 by sexysadie
Reply from sexysadie
jslgb isn''t quite correct. If your ex has more children your maintenance will only go up if you are their father.

Your maintenance would go down, however, if you had a new cohabiting partner who had children, even if that partner was receiving maintenance for them from elsewhere, or if you had another child with them.

Best wishes,
Sadie

  • hawaythelads
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30 May 12 #333951 by hawaythelads
Reply from hawaythelads
Tim
Yes your ex can move another bloke in to live with your kids.
So yes bundles of money in that household now.
You still have to pay child maintenance to her at the same rate.
That''s why I call it the tax free holiday fund payment.
All the best
Pete

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