Child support question re step family

[seaflower]

Hi guys, I'm usually on the single parents forum. :wave: My ex is repartnering and I have a question for you about child support and step families.

My ex is now stating that he shouldn't have to give me a cent in child support, as his new partner shouldn't have to support my children. Does having a new partner with a child impact on his child support liabilities to me? Either legally or morally?

I'm not trying to bludge off his money. I'm working above the maximum hours I can manage well with two young kids (not too far short of full time) in a fairly well paid job, and am really trying hard to get a promotion. I pay all the child care costs for the children, their private health insurance, and all their medical costs. But his income is still substantially higher than mine. He hasn't paid any child support in around 9 months, and he is constantly coming up with more arguments for why he shouldn't have to.

Whatcha reckon?

I'm probably going to back here with more questions as things develop between him and the new girlfriend. I think he is being a little unrealistic at this stage, they have only known eachother for a month, and he is already expecting legal and financial outcomes between us to be determined by his new relationship. But he sounds very serious about her, he does move emotionally very quickly into relationships, so I need to get my head around the real possibility that he will be moving in with her before too long.

[InSaneOne]

hi i am the other partner. my dh has 3 older kids and we have 3 kids together. his payment would be affected if he has kids with thisother person but as far as i know they won't if they aren't his or he hasn't adopted them legally. if he isn't paying child support you can always get the cso to take the money directly from his wages (dh gets this done so we don't have to worry about it) when we had number 3 the payments went down $15 a f/n and similar when his eldest turned 18. so extra kids to support doesn't really change things much. the only thing that would is the level of care that you both have them for or if you make the same amount of money.

[Lillystar]

Hi - I am a step parent. I would not be with him if he didn't continue to pay child support for his children, no matter what the circumstances. Having said this my partner would NEVER not support his kids.

Your ex has a responsibility to pay child support both leagally and morally. No matter what happens in his new relationship it doesn't cancel out the fact that he already has kids and he (as well as you) should support them financially. I would be speaking to CSA to see what they can do to try and get him paying child support.

As a step mum I also think it's disgusting if a woman partners a man who already has children but then expects him to stop all child support or even reduce the child support when they have kids together. We are going to have at least one baby but there is no way we will reduce the amount of money paid in child support because of having a child together. His kids are family too and just as much his responsibility as any children we have together.

In other words your ex should be paying you child support no matter what!!

[jo101]

yes he still has to pay you child support. You are NOT bludging off him by claiming it!! he has a responsibility to pay it they are HIS children too.

As the pp his repartnering has no effect on his payments, his new partner will be in no way covered under his csa agreement, unless they have a bio child of their own. Her having a child has no bearing on this either, as the child is not considered his dependant under child support law.
I would in your case have payments taken out of his pay, I realise sometimes this can be seen as a hostile move by the paying parent, but he it sounds like he is being very difficult in regards to payments and trying to manipulate you.
Good luck :goodvibes:

[Jakois]

Your Ex is obligated to support his children regardless of his relationship status.

I would be getting the CSA to deduct it straight from his pay. Give them a call and get some advice :)

[naebie]

By rights, his new partner should be getting child support from her ex if they had children together, so why shouldn't he be paying child support to his children?

[nat278]

I agree with PP, my DH and I have children from previous relationships and one son together, my Hubby pays CS for 2 kids and my DS has no bio dad to claim CS from (one night stand type deal).

My DH pays CS direct from his pay like it or not he has to pay it and my income number of kids I have has NO affect on this.

My DH cannot claim himself as the financial carer for my DS even when he is, not having a bio dad to claim CS to financially support him makes NO difference unless there is a court order or adoption making DH his legal guardian, me having a child UNLESS DH is the father makes no difference on his assessment for CS

CSA will back date any non payment your Ex upto 3 months and if they are collecting CS for you if he owes any $$ to you they will take it from his tax return before he gets his refund.

If CSA are collecting CS and If he doesn't pay of his own accord they send his employer a letter that MUST be obeyed that they deduct payments from his pay.

[Benji]

I'm in the same situation, although my ex has worked out ways to avoid paying it (working cash in hand and "volunteering" and "starting his own business") but technically even though he has repartnered, if he was working that doesn't lessen his responsibility towards his kid.

Of course you're not trying to bludge off him. Who wants to be separated from their young children full-time? Not me! We actually have our little ones in child care so BOTH of our children's parents can work, he should be still paying his share - it was his decision to repartner, a decision he didn't have to make. I've also repartnered and I haven't stated that I should stop having to pay for DS' food, child care, clothing... it doesn't actually makes sense!

[Cluky79]

I'm the step mum too, my DH has always paid his CS and we both wouldn't have it any other way, we are expecting our first together soon. We also pay half of the schooling, pay for extra activities ect it's basically what ever she needs.
He needs to pay, the girlfriends child has nothing to do with it even if he is supporting that child he is doing it by choice.
DH was out of work for just Oberon a year due to illness and so we worked the payments together, after all to me DSD is my DD and my responsability too.
We may need to cut back on things when our bubs is born but we will always pay what we are committed to pay.
He needs a kick up the @ss
Good luck :)

[HRmum]

As a step mum the only time payments might be reduced or not payed is if your ex is not working or has taken a lower paying job or has another child biological or adopted. CSA works out the percentage each parent has to pay based on care arrangement so 50/50 care might mean no one pays either,age, income of both parties and other commitments. As CSA recognise children of 1st, second, third relationships should be treated equal, and should be supported by both parents. So unless he lost his job or is expecting triplets his payments should not change.