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ExH remarrying

  • Kazzabell80
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23 Jul 13 #401936 by Kazzabell80
Topic started by Kazzabell80
Just a quick question really... My ex husband has just announced that he is now engaged (to the other woman for those that are familiar with my story!) anyway, I don''t know what effect if any this will have on my maintenance payments. We are divorced and have agreed on a financial settlement but the Consent Order is yet to be drawn up.

His gf has 3 children (under the age of 13) by her ex and so I was just wondering if this means that my maintenance payments will decrease as he would now be expected to support her and her children when they are married...

I spoke to him at the weekend as I noticed that he hasn''t declared the income from his second job to the CSA but his response was that due to his circumstances - I guess he was referring to the fact that he now lives with his gf and her children - he would get a 25% reduction anyway so it works out that he is overpaying me anyway? I''m assuming that she is getting maintenance payments from her children''s father.

I''m sure that many of you have had experience of this type of thing so was just hoping for some guidance on this.

Thanks in advance!
x

  • butterfly crossing
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23 Jul 13 #401938 by butterfly crossing
Reply from butterfly crossing
No matter what his first duty is to his first family from what I gather from previous posts on here.

  • WYSPECIAL
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23 Jul 13 #401939 by WYSPECIAL
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If your using the CSA then his payments will change if one of you asks for a change of circumstances review based on him having children living with him. There will be an allowance of 25% taken off his income before the relevant percentage is calculated for your children. Any tax credits they claim as a couple will be taken into account as his income and be assessed to so this may negate some of the decrease.

  • MrsMathsisfun
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24 Jul 13 #401946 by MrsMathsisfun
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I didn''t think the reduction was that much but cant remember what it is.

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24 Jul 13 #401997 by Fiona
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WHYSPECIAL is spot on. When there are 3 children living in the non-resident parent''s household there is a 25% reduction from their income before the usual calculation.

However if the NRP earns more than their new partner and they are in receipt of Working Families Tax Credits it is added to the NRP''s income before the calculation.

For example if the NRP earns £2k a 25% reduction would reduce the assessable income to £1500. Add to that, say, £250 WFTC the assessable income would be £1750. The current Child Support Agency rates would be 15/20/25% of the assessable income respectively for 1/2 or 3 children, minus deductions for any overnight contact.

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24 Jul 13 #401999 by MrsMathsisfun
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Is that reduction for any child of the family or only biological?

Honestly didn''t think it worked that way. How does it work with new system being introduced?

  • Fiona
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24 Jul 13 #402005 by Fiona
Reply from Fiona

Relevant other children

102. Under the 2003 scheme, non-resident parents pay less child maintenance if they have children living with them in their current family and they or their partners receive Child Benefit for them. Child maintenance law describes these as ‘relevant other children’.

103. In this situation, we make a deduction from the non-resident parent’s income for the relevant children before calculating maintenance for the qualifying children. In the 2003 scheme, the same percentage rate deduction applies to both, i.e. 15 per cent for one child, 20 per cent for two children and 25 per cent for three or more children. This means that the calculation for qualifying children is from an already reduced income and reflects the fact that non-resident parents with these additional responsibilities will have less income from which to support their children living elsewhere.

104. Under the new scheme the percentage rates have been lowered to reflect the move from using net income to the (higher) gross income with the intention of producing broadly similar liabilities to those under the current 2003 scheme. These are 12 per cent for one child, 16 per cent for two children and 19 per cent for three or more children. These percentages are set out in the Child Maintenance and Other Payments Act 2008.

The Child Support Maintenance Calculation Regulations 2012 - A technical consultation on the draft regulations

www.gov.uk/government/uploads/system/upl...cal-consultation.pdf

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