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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35065
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am considering marrying. My fiancée has a child from a previous

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I am considering marrying. My fiancée has a child from a previous relationship. He has shared care and pays maintenance, never having missed a payment. We are worried that if we get married the mother of his child will be able to claim on my business earnings and wages. She is extremely antagonistic and volatile. How likely is this and is it possible? We live in N.Ireland and have separate homes.

Thank you question.

I will do my best to help you but I need some further information first.
Does he pay maintenance under the terms of a Court Order or via the CMS?
Customer: replied 3 years ago.

The arrangement was agreed with the CSA

Then your income will not be relevant to the maintenance assessment which is based on the non resident parents income only
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Customer: replied 3 years ago.

Thank you reply,

Due to the fact that the CSA has been replaced by the CMS will this make a difference? I have read their leaflet"how we work out maintenance payments" and it looks as if the resident parent can apply variation to take into account the earnings of the non-resident's partner.

Does this supersede the CSA agreement?

No this makes no difference - and no such application would be successful UNLESS the paying parents income was deliberately kept low and his or her income diverted to the partners income.
Customer: replied 3 years ago.

Thank you answer. I would also need to know how I stand if my partner is made redundant. Would she then be able to apply variation to access my earnings and/or assets if no money was forthcoming from his earnings?

No she would have to settle £7 a week minimum - which in fairness may come from you if your partner is not entitled to benefits