Lifestyle Inconsistent with Income Award: How Is It Decided?

Originally written by Lorna Elliott, updated by the editorial team on 4th April 2026

C.H asks

I am the parent with care. I won a "lifestyle inconsistent with income" award at a tribunal but my ex-partner has refused to pay maintenance. A liability order has been granted but as she now has no income, a charge is being put on her house. I am frustated about this as it doesn't help our sons financially and she continues to lead an extravagant lifestyle.

My argument against this decision is surely the CSA is contradicting itself as the basis of the award is "lifestyle inconsistent with income". This is the 3rd liability order - the first two debts were collected by bailiffs , the 2nd one, last year, being in excess of £5000! Therefore I believe this should be the initial course of action again. Do you know who/how the course of action is decided? Is there some set down law/policy?

I can understand why you’re asking the question! The CMS has discretion on this one – either they can take action in the county court to enforce a liability order or they can seize goods. I am speculating here, but the CMS may be of the view that the bailiffs would be pushed to seize eligible goods to the value required on this occasion.

Seizure of Goods

Seizing goods belonging to your ex-partner is known as ‘distress’. However, it may be that the CMS has taken the view that your ex-partner does not have sufficient or eligible assets to seize. Not all property can be seized, and items such as furniture, clothing, bedding, money, cheques and other securities for money, household equipment and basic domestic items (e.g. toasters, irons, kettles) are exempt. If your ex-partner works and, for example, needs to use her car for work, this is deemed to be an item ‘necessary for work’ in which case it couldn’t be seized.

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The Powers of the CMS

The ‘Operational Improvement Plan’ (launched in February 2006 and designed to improve the performance of the CSA and collection of maintenance) provides that the CSA will use every type of sanction available to it in enforcement of liability orders, including asset seizure (which your ex-partner has already experienced), as well as removing her driving licence and even sending her to prison.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Enforcement of Liability Orders

The CMS has decided on this occasion to take county court action and to treat the unpaid child support as though it were a judgment debt i.e. as though it were an unpaid county court judgment. They must therefore be of the view that there is sufficient equity in her property to warrant this type of enforcement action. Bear in mind, also, that the CMS can now apply to the court for an order of sale, in which case the charge would be paid from the proceeds of the sale after any priority debts have been paid (e.g. a mortgage, second mortgage or ‘homeowner loan.’) In order to grant an order for sale, the court must be satisfied that your ex-partner has alternative living arrangements – in other words, they can’t simply make her homeless.

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Now that you have read through the advice above, you might want to put it into practice. Our Child Support Rights Checker lets you answer a few questions about your situation and get a clear summary of your child maintenance rights and options. Try it now →

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62 questions

Ask Child Support Laws a Question

ChildSupportLaws Editor 22/05/2026 at 9:17 am

@Kevin Mason Unfortunately CMS calculations are based on your gross income and the number of nights the children actually stay with you, not on what you'd like the arrangement to be. You can apply for a variation if you have specific costs like contact (travel to see the kids) or certain debts from the relationship, but general living expenses and household debts aren't considered. Worth ringing CMS directly to ask about a variation on those grounds. For the contact issue itself, a C100 application with fee remission or Family Mediation is really your only route back.

Kevin Mason 19/10/2023 at 1:28 pm

My wife and I separated last year following the latest of her infidelities. Since she moved out ten months ago she has denied every request for me to see our children 6, 10. I commenced court proceedings but had to abandon them due to the excessive legal fees. I earn too much for legal aid, but now Im responsible for all the house expenses and debts, I have very little in the way of disposable income. An assessment by CMS for the full amount of child support seems harsh, given that I am more than willing to have my children, but am being prevented from doing so. This amounts to little more than a Child Tax.
Do I have any course of action in appealing the CMS amount, given that my lack of overnight stays with the children is not due to my not wanting them, but from them being withheld from me ?
Also, do CMS not take into account the ability to pay, when making an assement ?

Penny 15/06/2020 at 7:46 am

Hi. I, as the father, have full residency of my daughter. My ex has 3 other children by different men that live with her. This has been taken into account and therefore what she would have been paying for our daughter has been reduced to £35 per month. Considering she has a job on top of have many benefits from the government, she also sells things privately to earn extra money. She hasn't seen her daughter since March 1st and that was only for 1 hour. Before that it was the first weekend of January. We are now into June nearly July and she barely makes contact with our daughter. CSA have made it clear that until lockdown is over we cannot make her pay money. To us, this is crazy. She is not only breaking lockdown rules by going out partying, getting a huge new tattoo, getting her nails done and even paying someone to take 'modelling' photos of her, she also smokes and travels over an hour to see her family and friends multiple times a week. She makes excuses saying she cant afford to come see our daughter as she has no fuel or extra cash during lockdown. We are closer to her than any of her family and friends.
CSA also explained that when lockdown is over, the missed payments will be split over a course of months. So she may only pay an extra £5 a month to compensate the missed payments. CSA never treated me like this when the shoe was on the other foot. I was a day late paying my child maintenance one month and you guys took two months worth in one go and left me stuck, even though i called to make the payment the following day. That was £250 x2. You guys messed up and when i asked for the money to refunded so i could afford to get to work, you wouldn't. SO WHY is it so different for her??? Im supporting our child with my wife without any of her help and somehow she is allowed to? Can you explain why she doesn't get the full amount taken from her? or why her payments arent going up now she hasn't seen her daughter for several months?? Equality is not shown with CSA.

Me 25/06/2019 at 12:58 pm

Good afternoon , I need to get information on how to make proceed in child support . Will you be able to help me please. My ex has been very awkward with child support and payments .
Thank you.

Going Crazy!! 19/05/2019 at 9:03 pm

Hi,

After a long battle in court I have managed to obtain shared custody (55/45). It seems my ex wife wanted this to keep receiving the maintenance. I always was paying the maintenance amount on time even though she refused to give me cloth for the kids and had to go on emergency buying them cloth on a Friday evening.

After the shared custody agreement she started to ask me to pay half of the child care on top of the maintenance payments. I refused and questioned why am I paying maintenance if I should pay all the other expenses as well, knowing that she earns £10k more than me and get all the government benefits.
I called the CMS and every agent I spoken to has advised that the child care should be covered in the maintenance payments even for the days I have to children and that the amount is calculated based on what the governments believe I can financially contribute to the upbringing of my children according to the legislation. yet my Ex wife still refuses and my children are going to lose access to the after school club on my days as she only pays for her days. Can you please help with this and guide me to where I can find the legislation information, as this is putting at risk my job? I feel I am being asked to chose between my job or my children!
Thanks

Mint77 23/10/2018 at 1:58 am

My X claims for 3 kids knowing 1 is deffo not mine and that child also knows I'm not her father but when I suggested DNA she used blackmail I now have reason to believe the eldest is not mine bus CMS said I can't have DNA through them and if I go private she can refuse it . I'm not on any birth certs and explained all this to CMS but the were insulting and patronising , can I stop paying untill they prove I am ??

ChildSupportLaws Editor 17/07/2018 at 2:07 pm

If you feel you are paying too much, the child maintenance calculator here gives a benchmark payment of what you would pay if you applied through CMS. This may be less than your family-based agreement, so you can go on the calculator's advice. This means you would legally be justified to pay your ex less.

Ronny 15/07/2018 at 7:08 pm

I am a divorced man who pays an agreed upon sum for Child support to my ex. wife who has custody of our 9 yewr old son.This sum is generous and it ensures my son who lives with his mother alone with a full time maid in a luxury apartment can afford to do this . They have been living this way for 4 years and everything has been fine . Suddenly, my Ex wife has decided to move into an apartment with her parents in order to "save money".

Our son, now has to live with his old grandparents . Though he will have his own room. My ex. wife is still demanding the SAME child support payments so she can pocket the money that is supposed to be used for our son.

I have even told her that I would have been willing to pay any increases in expenses eg. should rent have gone up. but she simply ignores my e mails and continues to demand the same child support payments .

What can I do about this ?

Thank you for your help.

RJ 28/04/2018 at 5:50 pm

My friend had an agreemen5 to pay his x a set sum each month. This agreement was in response to the transitioning of the CSA (excuse my terminology: I’m American). He has been paying support, never has not paid support; never has been late, shares expenses and shared parental responsibility. My friend has his son a minimum 2 nights per week and holidays per a schedule that has been in effect since the child was 3, he is now 15. My friend picks up and delivers his son, he tries to avoid any and all contact with the woman be for personal reasons, she I said vicious and vengeful. She routinely obstructs access, patientsl alienation, obsessive control, my friend and his son, just try to lay low, convincing themselves it’s only another year until her control over them is over. My friend lives Paycheck To paycheck. SHe recently went to the CSA and opened a case against him. My friend I sent distraught. HE CANnot afford the extra money, and fears he can no longer afford the gas to get his son during the week. He I said in hardship. He has a job, in debt, is barely making it by as it is. What can he do. He tried to discuss it with her, she yelled at him, slammed the door in his face, and threatened to have his son arrested for assault, his son stopped the door from slamming in his face. She’s a bullly. What can he do if he seriously can’t afford the assessment. Are they allowed to put you in the poorhouse? His family is helping him keep his head afloat as it is. He is not living outside his means.

cat 07/03/2018 at 10:53 pm

Hi - I need some advice. The following is a VERY abbreviated version of events to keep it simple.
I am awaiting a date for tribunal based on the CMS not having jurisdiction over my ex husbands earnings due to them being earned outwith the UK. He is however, habitually resident in the UK. He is self employed and gets paid by a French company into his American bank account. His business is also registered in the USA. (He declared the same business insolvent in the UK one month prior to setting it up again in the states).I know for a fact what he earns- between £10-12k per MONTH but the CMS cant touch it.
The judge at the tribunal has requested him to provide evidence of all sources of income to the courts - earned in the UK AND abroad.
My question is : Can the tribunal have the jurisdiction over his income earned outwith the UK? Yes, he lives a lifestyle inconsistent with his 'supposed' income. He has a mansion, a posh car etc. Owns about 5 properties in the UK etc. (not mortgage free)
He is basically laughing at me saying that the tribunal cant make him pay more maintenance due to the jurisdiction issue and that his accountants are 'working on it' to make him look as poor as possible due to his vast amount of outgoings.
Have you had experience of this issue before and how likely is the tribunal to decide in my favour?(even with the jurisdiction issue). I was always told that his outgoings were irrelevant and that his obligation to his children is classed as the primary 'debt' to be paid first.
Seems like it would be a waste of time and money to request evidence of his foreign income if they could not do anything about it.
Any advice greatly appreciated.

ChildSupportLaws Editor 24/03/2017 at 1:56 pm

You would have to seek legal advice to see whether you have a case to answer. A court would look into your ex's circumstances more in depth to see whether his lifestyle was measurable with his earnings. However, if his current partner is earning, then it may be her who is financing his lifestyle. Therefore, it is important to be sure whether you have a strong case, as along with legal fees you could be awarded the costs if you take the matter to court and you lose.

Gem 24/03/2017 at 8:09 am

My sons dad has managed to hide hundred thousands of pounds and my daughter is 8 now he has not ever paid through Csa and went over to child maintenance in 2015 and he still ain't paid any of the amounts he owes he has lied a lot seems he is driving sports cars and has a house full of expensive things he again has a income not matching his lifestyle I have struggled financially the whole of her life as all my money goes on my daughter can I take this any further?? He has out standing payments of a poxy £125 for the whole 5 years it's been calculated to £5 a week really poor when he has everything has no contact to his new jealous gf and they also have a daughter now 3 years younger than my daughter and she gets everything it's sooo cruel I'm glad my daughter is unaware of it all but one day I will have to explain the truth can I do anything?? Thanks Gemma

ChildSupportLaws Editor 20/03/2017 at 12:52 pm

You can only be paid the amount owed in back-dated pay.

Mariemc 19/03/2017 at 4:13 pm

My ex husband, MD of his own company has been declaring a false income to the CSA for a least 5 years. The CMS has just reviewed my case and obtained info direct from HMRC. The amount he has to pay has now doubled. He sees two of our three children (his choice entirely) for two hours every two weeks and offers no other support, financial or otherwise, other than the amount directed officially. My question is, he has underpaid by thousands over the years by lying about income. Am I able to claim compensation for this to recover what should have rightly been paid in the first place?

ChildSupportLaws Editor 21/10/2016 at 10:28 am

While on paper this may seem like a good idea, but it all really comes down to what your wife's opinion is and the level she wishes to accept or reject suggestions. If she agrees, then you can either carry out this arrangement formally (drawn up through mediation or a solicitor), or informally between yourselves. However, if your ex does not agree and you wish to pursue your points, then dependent upon the level of disagreement, it can end up in court (and the court will always decide on what it thinks is in the best interests of your children). Please also be aware that any arrangements made outside court for maintenance etc, is not set in stone and can be reneged upon. Meaning they are very much circumstantial and based upon the smooth running of 'life'. As we know, life is not always smooth running and situations can change. On the plus-side, the easier you can come to an amicable agreement with your wife, the better, as it means both parents are equally as supportive and can work together in the best interests of the children. I realise I haven't quite answered your question, but as there are so many variables, if you can negotiate directly with your wife, those variables can be made more secure through diplomatic means. But it seems your wife has her own separate ideas upon what she wants out to the divorce.

Brian 24/07/2016 at 12:34 pm

Ive always paid my wife the CSA money but she appealed saying my lifestyle is inconsistent with my income. At the time I lived off my savings as my business was not doing well and still isn't. She is claiming arrears back to 2011. I have appealed and the case is now being looked at my a tribunal who are attempting to make an award to my wife based on assets I own due to my income being so low. I have discovered there are three versions of CSA law and the tribunal are using the version from 2011 as under the current CSA law they are not allowed to look at assets. Surely the current law for now should apply as the arrears will be up to the present day??

SCN 15/07/2016 at 5:33 pm

I need some advice, we have recieved the details about the new CSA payments, we want to know if the child support still has to be paid if we have shared care of the children. i.e. we have the children one week and then ex has then a week and so on. Also is child support law actually upheld by law or not? Thanks in advance

ChildSupportLaws Editor 12/04/2016 at 10:54 am

If you have been registered as the father, then you will obliged to pay to help support your child financially. You can see what you should be paying which

SP 11/04/2016 at 11:25 am

My ex girl friend told me she is pregnant 7 months after we broke up. It was decided that child will be put up for adaption as best options. which was agreed . However after she had the baby, she decided to keep the child without informing me. As such, baby was registered as me as the dad. It was agreed that I would pay average cost as per my wages . However they also said they don't want any payments . It was also agreed that I will see her on regular time. Now she is asking for Child support and gone to CSA. Please advise what I have to pay.

ChildSupportLaws Editor 04/12/2015 at 10:20 am

If you feel you have been treated unfairly, or you view the decision as wrong, then all I can suggest is that you complain. Please see link: here and the Complaints Resolution Team will try to officially sort this out.

Sara 03/12/2015 at 4:11 pm

Hi, I divorced my husband in 2011 (the divorce was caused by him having an affair). He has been paying CSA every month towards our son who is under 10 years of age.

I recently received notification from the CSA stating that his CSA payments will reduce by around £150 per month (which is a huge hit on me financially) because he has moved in with his new wife who has two existing teenage children. His new wife is already working and also gets maintenance payments form her ex (the father of her two teenage children), so why does my CSA payments from my ex have to be reduced?

I am bringing up our son alone based on one (my) wage. I cannot see why my son has to receive reduced CSA payments from his natural father just because he is now living with two other children who are not his and are already being supported by their own natural parents.

In summary, it seems that the two teenage children are being financially supported by three working adults now but my son is only being supported by one working adult i.e. me.

Am I able to challenge the CSA's recent reduction in these payments? Does the CSA maintenance calculation take into account CSA payments already being paid into the household by the two teenage children's own father?

I hope all this makes sense?

I would really appreciate any advice you can give me. I am absolutely desperate and really struggling financially. I am really worried about this and very anxious.

Mrs V 05/11/2015 at 2:51 pm

Hi, I opened a case with Child Maintenance Services last October. My ex husband declared he was self employed, so they went to HMRC where they got his 2013/14 tax return, which was a Self Assessment. As far as I'm aware he had only become Self Employed in the February of 2013 and previously had been employed by his Father's golf course, as a director. That tax return somehow only showed earnings so low that my daughter was awarded £7 per week. They wrote to him on my request some weeks later and asked him to confirm if this figure was still correct, legally he didn't have to respond and they state he didn't. Then when they reviewed in September of this year, they went back to HMRC (more than one call handler has indicated to me that this time it wasn't a SA, which leads them to believe he is now employed. Although, he does still have his own business which he advertises all around, including on his van.) Anyway, this time it showed he was earning in excess of £400 per week!! So the award for this year has gone up to around £40 per week. I now believe by their own rules, that this means he intentionally lied last year and failed to inform them of a change of 25% in his incomings. They say there is nothing they can do because he is self employed and only if I can supply evidence such as his profit & loss sheet can they take any action, because apparently is HMRC tax return is not evidence enough!?!?! (The mind boggles). Surely, this is enough evidence in law and would be against some EU law that there procedures just deem it not? Also, even though they suspect he his somehow employed now (Which would mean they could take action against him), they are not interested in investigating this anomaly (I suppose it could just be an admin error on HMRC behalf that they haven't labelled it correctly???). I hope this makes sense and you can offer me some advice. Many thanks

To top it all Off... 03/10/2015 at 9:11 am

My other have runs a pub, has a bran new car, is a member of the local flying club and posts on Facebook about hows he's going through trsining to fly again. He takes time off work to spend weekends with yhe scouts (so his business them pays for extra staff). He jyst got a girlfriend and regularly takes her out for meals with her joung son. But claims he only earns £67 per week so only pays £7 a week for his two children. Over a year back he refused to pay any maintenance and so owes via CMS £1400. I know his lifestyle shows he's having a ball but £7 a week for two children doesn't even pay for their school lunches and too top it all off next year the government are cutting working families tax credits for everyone. I don't kniw wehich way to turn as i oftern have to say no the children when they ask for treats when we are food shopping. I am the childrens main career and a single mother struggling. What should I do?

ChildSupportLaws Editor 02/09/2015 at 11:53 am

Firstly, child support is only based upon earnings not debts paid etc. If he has a family-based arrangement, he should ask his ex directly whether she can supply evidence of this. If she has nothing to hide, she should consent. If your husband pays through the CSA/CMS, then you should approach either directly and ask what it advises. You can see what he should be paying via whichI hope this helps.

dee 01/09/2015 at 10:58 am

my husbands ex wife is still claiming maintenance for the 20yr old daughter. stating that te daughter is still in part time education and working part time, but we have no prove of this is there any way we can check. also my husband paid off £13,000 pounds of debt after she kicked him why hasn't this been taken into consideration. my husband is the only one working as I'm unable to work due to long term illness, she has remarried has two incomes coming in please help as we are only just managing to cope.

ChildSupportLaws Editor 25/08/2015 at 12:45 pm

You will have no claim on the proceeds of his house that he shared with his second wife, only on his income/earnings. The CSA can take a long time to process claims and to calculate how much money a non-resident parent should pay, and this could mean that your ex-husband suddenly receives a large bill. However, once the CSA are involved in a child support case, they almost never write off the arrears. Your husband could go bankrupt and would still owe his child support arrears. You may be able to take civil legal action against your ex husband to try to recover the missed payments through the courts. However, it is always tricky as if the CSA cannot extract the money because he is hiding his earnings, then it may also be able for the courts to prove. I can only suggest you seek legal advice, to see whether it would be beneficial. Citizens Advice should be able to help/advise.

dawn 24/08/2015 at 6:20 pm

Hi,
My ex husband never paid for all of our 4 children, instead I only managed to get maintaince paid for 2 of the children due to him being "self employed" and hiding his money in his then new wifes name. He still owes money for arrears going back over 5 years but again he is refusing to pay the last that he owes. Today i recieved a call from the CSA stating that as he is non compliant and not polite when they do manage to contact him the case will now be put on watch due to the fact he is not showing up as earning etc.
Its only £214 not alot but now its the principle.... so anyone know if i can take him to the small claims court to retrieve whats owed???
Whats annoying is he recieved near on 30K from the sale of a house he shared with his 2nd wife only last year....

ChildSupportLaws Editor 14/08/2015 at 2:17 pm

You would have to speak with the CSA directly about this. Or if you feel you have been treated unfairly you can complain via which

Buddy 13/08/2015 at 9:01 pm

I have just received my wage slip to find out I have to pay csa I have never been informed or received notice that they where wanting me to pay, the money they now want means I cant pay my rent or any of my bills I am going to loose my home and I have a new 12 week baby I left my previous life behind got a job, I am willing to pay for my other children but for 10 years was never informed about this and at the time my wife applied I was still living with her I paid her cash and have offered since but she refused to give me her address or bank details to pay by direct debit. What can I do I will pay but physically cant afford to live or pay my bills my rent is 700 a week

wange 11/07/2015 at 10:34 pm

my brother have 3 chidren he does everything for the children pays school fees,bying clothes, school clothes paying their studies fees everything now the mother has go to the child maintanance what must he do. thank you

Alex Editor 22/06/2015 at 12:04 pm

@mejules - it is based on his income, not hers, as it's seen that she shouldn't have to work to pay for another person's children. Therefore, if he's on benefits then his payments to you will reduce.

mejules 19/06/2015 at 10:34 am

My ex has his child less than 52 times a year and he has dropped payments to 20 pound a month from 80 . He is ill and he had to give up work but he does get benefits as he has a disabled badge on car .he is married to a woman with a good job as they run 2 flash cars.is her wages taken into account when his payments are calculated or not.I have never gone through an agent before but £20 a month is taking the mick as they have a better life still than me as I earn £600 a month but luckily me and my son live with my boyfriend which he helps out a lot.I don't receive any benefits my self

Galleria33 25/05/2015 at 3:48 pm

I am a non resident parent who regularly pays maintenance for my two children. I have recently got married and have two further dependants (the children of my wife) one of who has a disability and is in receipt of DLA. Furthermore I have to travel 210 miles in order to regularly have contact with my biological children. How much should my CSA payments be reduced by given my having two further dependent, the extra expenses re my disabled stepson and the huge expenditure of travelling for contact please? I need to recalculate my own payments now since the CSA haven't had the time to do it in 7 weeks now and I am currently overpaying.

ChildSupportLaws Editor 23/01/2015 at 2:37 pm

@Von - I'm afraid we couldn't advise as it is purely down to SA law and your maintenance payments have nothing to do with UK law, even though you may have moved here. It may be that your new outgoings may be taken into consideration, but you would have to apply through the SA service.

Von 23/01/2015 at 11:24 am

Good day

We have just recently moved to London from South Africa. My husband has never skipped a payment to his ex wife with regards to their one daughter. They both (mother & daughter) currently still live in SA. So our maintenance to her was always very high ie R20000 plus a month and now that we have moved and with it increasing this year again we are still expected to pay over £1000 a month which we cannot afford.

His ex is unapproachable and if he had to pay a few hundred pounds less she would have him locked up. We don't want to not pay but it's just too much money.

How can we go about getting a decrease on our monthly instalment.

Thank you

Penny 23/12/2014 at 1:52 pm

6 years ago my partner decided he could not longer live his life with 2 disabled children (age 6 and 9 months at the time) his children. I didn't know what to do I was a mess so started to look for another home as couldn't afford our family home on my own. He paid maintenance for a year as agreed (less than CSA said but i was in hope he would change his mind and take us back). 3 months later he moved in his girlfriend. We started a computer business together and when I left it was making £180k profit a year. He claimed in 2010 that his wife was supporting him and his income from the business was just £16k then end of year he produced accounts for £35k loss? I know the way the business ran and there was no way he could have been in debt. However his accountant had told me about how to do this and buy lots of stock stick it on ebay and then 2 years later say it was old/useless/depreciated and submit a loss for tax avoidance (which I never did). He still lives in what was our 1/2 million pound home, drives a white merc with personalised plates and according to friends his wife does not work he now has two children. They always post pictures on FB of them on holiday last one with son touching dolphins. But claim to be runing at £35k loss. I managed to get hold of a credit report and it stated he has a vested interest in another property also (not sure what that means??). .................... My question is what is viable to count as proof of liftstyle not meeting income? He currently pays £12 a week per child. Both our children have autism my daughter has dyspraxia also and our son is blind also. It is a great struggle to make ends meet and I am often living on credit cards. I just started breeding dogs to try and make ends meet. There is no way i can go out to work i did try care work but my children were so upset and out of routine toileting themselves once left refusing to get on the school bus etc. We recieve xmas presents in the post once a year from him. I dont feel I am being mean I would love his support to take them out once a month also but he has stated we are a slur on the gene pool of the family and in the past.

soldier of fortune 23/09/2014 at 10:40 am

I am divorced from my child's Mother and I am classed as the non resident parent.
I pay £220 per month for my daughter through a verbal agreement with my ex wife.
We verbally agreed to share equal access (50/50) my daughter.
I am now in another stable relationship and we are expecting a child.
How does this affect the payments I make for my daughter ?
Does it means that I should now pay £110 for my daughter and the remaining £110 should go for my new born child when he/she arrives ?
There seems to be some doubt that my first child should receive £170 and my new born should receive £50.
I cannot understand that there is or is perceived to be such an inequality in payments as they are both (when my new born arrives) my children equally.

Sincerely,

Ray Jones

mug Editor 18/07/2014 at 10:23 am

@trav3ll3r, Usually if two parents share the care of the child equally then they do not have to pay child maintenance.

trav3ll3r 18/07/2014 at 9:31 am

My son and his wife have separated recently. They have tried to resolve their financial responsibilities amicably and equally. This concerns both of their liabilities. Their daughter spends an equal amount of time with both parents (3 days one week, 4 the next) and currently attends a Nursery, for which the parents share the cost. They have good jobs and earn good salaries; she earns slightly more and has a company car and one or two other 'benefits' from her father's company, where she is Company Secretary.
Is it likely that neither parent would pay child maintenance to the other in this case?

Liverbird 18/06/2014 at 3:57 pm

My daughter has moved in with her aunty, legally should i still pay child support for her? And will my daughters mother be asked to pay too?

Mr C 17/07/2013 at 6:17 pm

I am a man who had a one night stand and didnt get any say in the pregancy or the birth and to date the girl doesn't want anything from me.
We dont and haven't had any contact for two years that said
I made my position clear with this girl when she announced it.
We got a paternity test done and I am the father.
I do not want anything to do with the mother ( a one night stand) however I am happy to take responsibility and pay, that said I am undecided if I actually want to be in the child's life.
It's hard when the girl doesn't want anything from me and hasn't named me on the birth certicate so I wonder what rights I actually have without dragging it through the courts.

Miss B 15/07/2013 at 10:11 pm

After splitting with my childrens father a year ago,we eventually agreed on an amount of maintenance that he was happy to pay. however he has now stopped these payments without speaking to me about it, he says that he has redirected the payments to a savings account he has set up for the kids (i havent yet seen any proof of this). Im not sure where my rights are on this matter, he says he's checked and that he can do this,so does it mean that he doesnt have to contribute to the upbringing of his children wen they need things now? im very confused, and would be grateful of some advice.

Meena 12/03/2013 at 7:57 am

I have a sixteen year old who is in further education and I seperated in sept I am now in a private let we both stayed with my older daughter as I had been takin panic attacks I have been at a lawyer and he still won't give money wont even discuss it when will I contact CSa and will it get back dated or not he also says he has to live and our child is sixteen he shouldn't need to pay I want her to do well meena

six 07/10/2012 at 7:17 pm

I am from the North America, married an English gal, divorced after two years and just shortly after we had our child, due to her promiscuity.She has had the CSA on my back for years and she gave them false info as to what my salary actually is. They then proceeded to take up to 900 pounds a month from me and then down to 560 a month. I lived in the UK as an indefinite resident but ended up working back across the pond due to a layoff from a UK firm. I have now been living in North America for 6 plus years and my daughter, which I have not been allowed to see since age 3, is now 18 yrs old. My new wife of 10 yrs and I want to move back to the UK in a couple of years.My question is, will the CSA still be after me for arrears or anything alike for that matter once I start working in the UK ? I was absolutely screwed by my wife and the CSA as they seem to be a very Draconian agency that will not listen to the father nor will they look at facts. Kind Regards,

maggie 23/09/2012 at 11:12 am

My ex husband pays £5 per week for CSA payment for our daughter who is 14 years old . He is self employed -lives with his girlfriend who claims all benefits . my ex stated to the CSA that he is not working -not claiming benefits -and living with his mother,
the last straw yesterday is that i received a letter from the CSA -stating that they had overpaid me and would be claiming over £200 back from me ,
How is he getting away with this ?
I think it is disgusting when i am working x2 jobs as a nurse to make ends meet and he is laughing at me all the way !!!!1

Ftmss 08/09/2012 at 3:45 pm

My daughter's father has not supported his daughterat all for over 5 years - says he does not work and partner supports him and is he is also recently declared bankrupt. Lifestyle is inconsistent with no income. Can I do anything? CSA say there is no record of income but it was the tax man chasing him that made him declare bankrupt so surely this is proof of income and thus non-payment of child support?

cl fluff 25/08/2012 at 11:42 am

hi ive recently seperated from my partner of 15 years and marid for 6 ive got kids aged 8,12 and 14 my 12 year is with his dad and my other 2 live wi me what rights has he got?

rosie 24/08/2012 at 3:35 am

My son's father is a british citizen but I am not he does not give anything towards the maintenance of his son. how do I get him to do this

caz 21/08/2012 at 11:25 am

My ex partner has changed his name to his partne.rs surname. I don,t know if he has remarried or not, does his partners wages get calculated as well through CSA.

G 07/08/2012 at 7:01 pm

where do i stand with my ex girlfriend regarding my daughter , she is now a teenager and i have been there from day 1 ( we split before she was born) i have went from seeing her every day 2 now hardly ever because her mum now wont let me , i have paid weekly from day 1 also . her mum has remarried and changed her second name without my consent , do i still have 2 keep paying or does her now (wealthy) husband support her ? i dont want 2 go through the courts , please help

phinic 19/07/2012 at 4:54 pm

My husband has just had contact from csa to do with a child he doesnt know. whether is his. Csa have said a DNA test needs to be done but we cant afford to pay for one so what happens? We have 3 children in our household and hes already got a case witj csa for a child he knows is his but this is a new one. I just need some advise as i dont know if were coming or going.

Sheeprus 11/05/2012 at 12:58 am

I have a weird predicament. I am a UK citizen as are my ex wife and kids. We were divorced under a court order in Ireland. I used to have a good with a substantial pay packet. I was made redundant and now pay 1100 per month for 3 kids. My redundancy money is nearly gone. what is the rate I would be expected to pay in child support uner the CSA and what lien would they have over future earnings?
All help graciously received.

Chris

ChildSupportLaws Editor 17/04/2012 at 9:57 am

@Markp. There is no such thing as a ‘common-law’ partner. When you split up, if the house wasn't in joint names (and you had no formal agreement drawn up), the other partner isn't entitled to anything especially if you can prove that she hasn't contributed financially to any improvements/additions to the property. You are paying maintenance for the child that the relationship produced and you will have to continue to do that, but she has no right to evict you.

markp 16/04/2012 at 7:17 pm

Question -

I have lived in and owned my house for 10 years and it's solely in my name, i met my ex girlfriend 4years ago and she moved in 3 years ago, she was declared bankrupt before i met her, had no money so i paid for everything, food, all bills, bought her a car, mortgage, everything and she has not been added to house deeds, we had a child together and recently split up, although we continued sharing the house while she looked elsewhere. After going to the council she was put on the housing list and then the council advised me i had to give her a letter giving her 2 months notice to leave which i did and it was given to the council

3 weeks ago, she moved out to a friends house, she removed all her belongings, gave my keys back and left, i pay her full maintanance and access to our son is sorted amicablly

She phoned me 10 mins ago stating she can't stay at her friends anymore, the council still haven't' housed her and she has been advised by the council to try and evict me from my house and has a letter from her solicitor that she is giving me tomorrow, and she is demanding a couple months rent on a new place to avoid that happening

Any ideas on what to do and where i stand

lou 05/04/2012 at 4:43 pm

my ex is self employed & gets away with £5 a week maintenance its taken nearly 5 years to get it to a tribunal in a fe months time , is there any where of seeing decisions or outcomes to give me an insight ??

sunnysurfer 08/03/2012 at 9:20 am

I have a son who is 14 and his father pays only £7 a week for him yet he owns his own business and goes away skining and expensive holidays every year, eats out every night and drives 3 cars. he is classed as self employed by his partner yet says on his website that they are parners and started the business together in 2007. they live with his partners father and pay no rent because ots a huge farm house and also on the side milks cash in hand and takes my son with him. he also supplies the local shop with wood and none of this has been taken into consieration. he also owns land which he rents out for grazing cattle. please help. how is this right when I live on benefits and am expected to provide everything for my son on £7 a week. thanks

zoez 07/03/2012 at 10:14 pm

My husband has a son who is 19 in June, he doesn't live with either parents, but a relative of the family, they have cared for him for 7 years, he is still in education, but failing exams and has ADHD and they do not think he will get a job, my husband (his dad) currently pays £350 per month and his mother pays nothing. The family that currently support him say they will not be taking financial responsibility once he turns 19 (understandbly), we was hoping to stop our payments once he turned 19 can we do that?

Terri 28/02/2012 at 8:28 pm

Recently one of my twins aged 11 has gone to live with her dad and he stopped the maintenance payments after 3 days of her leaving, her dad only ever saw the twins once a fortnight for 48 hours and never had them more than that in the 5 years we have been split up,and most of the time they were being looked after by one of his girlfriends.Now one of the twins has gone she is being picked up by his girlfriend and they don't even live together, she spends a lot of time at his girlfriends house and he is not around alot, what is the law in what i can do

dazman 07/12/2011 at 1:57 pm

i have both my son and my stepson living with me after my marriage breakdown. my wife received csa payments from her first ex husband for 12 years. i rang the csa to inform them she had left and had no right to the money but the csa continued with the AOE and to pay my ex for at least 4 months they say this is within guidelines !! in a nutshell they took money in the name of child maintainance andf gave it to the wrong person who is a violent alcoholic is there anything i can do its in xs of £600 which may not seem a lot but its a fortune to me and my boys. many thanks

confused! 06/12/2011 at 7:17 pm

Hello, I have been with my partner for fifteen years, we have one child together and I have a child from a previous relationship, also, my partner has two children from a previous relationship . When we got together, my partner was classed as nil assessment as he was not in employment, I have been working since 2003 and although my partner claims no benefits whatsoever, he has been classified as minimum payment of £5 per week, which I have paid religiously for eight years from my wages, we have had no correspondence over the years to verify these payments,my partners youngest child left full time education in august at the age of 18 so we discontinued the payments starting from this september, it took the csa three months to contact us and now even though it has been verified that child support is no longer due, they are saying that my partner still owes over £800 even though his situation has never changed and he has still no income, not even benefits! Can somebody please advise?

Mrs. H 16/09/2011 at 4:59 pm

Hi, my husband have 2 kids from his 1st marriage. We now live abroad (my native country) we were both hoping to get a job here but unfortunately things are not looking good. We are still unemployed. My husband and his ex wife agreed (verbally) that my husband will resume child support as soon as he finds a job, and he has not been able to pay child support since January 2011. He received a court order today from UK asking him to pay almost £3000, which would have been 20% of his previous salary accumulated for 9 months. but now that he does not have an income and we are living off from my savings, where does he stand on this?
I understand he needs to support the kids (ages 17 and 16) but is it reasonable to expect him to pay exactly the same amount (20% of his earnings from when he used to have a job in UK) when in fact he is currently jobless. Also the salary here is a lot less than in UK, average is £117/ month, that is when he finds a job.
The court ordered him to pay £280 per month.What shall we do?
Please help.

Stu 11/07/2011 at 12:05 pm

Hi, my partner receives only £10 per week or month, not sure which, for her 11year old son. His father walked away when she fell pregnant. he started having payments taken from his wages so he quit his job and went on benefit to get out of paying. He then started work self employed but doesn't declare it and still claims benefit. He now lives in a beautiful large house in a nice area and drives a new car worth £60'000. So now he has his own business and runs a club in town yet still gets away with paying £10 child maintenance! How can she go about getting this resolved. Thanks Stuart.

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