“Will I have to pay maintenance to my wife even though I have proof she is co-habiting in our house. She denies she is. I have had a private detective watch the house. He is on a good salary and she gets approx. £2200 a month £1000 from the government, £650 from me for our children and the rest from her earnings.”
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You can enter into a Parental Responsibility agreement between you and your spouse, but if your children’s biological father has Parental Responsibility also, then his agreement will need to be obtained. If there are no objections, he can enter into the agreement with the mother and the step-parent.