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Who is right? Child maintenece

(46 Posts)
violettahatesoperatta Sun 21-Feb-16 10:38:40

Really scratching my head with this one.

Bare facts. Ex and I share custody 50-50. Two kids; 9 and 7.

He works FT and earns ~£45K

I work PT at 70% and earn ~£22K

The Gov calculator says £46 a week or very roughly £200 a month in payments to me. The Ex disputes that he should be paying anything as we share 50-50. Who is right? I am seriously struggling financially.

PennyHasNoSurname Sun 21-Feb-16 10:40:43

If it is 50/50 then he is right. Neither pays the other anything.

However the kids shoulf have everything they need at his.

violettahatesoperatta Sun 21-Feb-16 12:18:16

Gah! Thanks for input though Penny smile

LaurieFairyCake Sun 21-Feb-16 12:23:56

Is it properly 50/50?

If you're part time then that suggests you have time to go full time

Which I bet you don't because he has them weekends and times when it's convenient ie. outside office hours

violettahatesoperatta Sun 21-Feb-16 12:27:38

Essentially, as in the old old story.. my career was torpedoed for the sake of the kids.

I work part time so that I can do the pick up to save on childcare. He can start work later so he does the school drop offs. If I went full time I would lose WTC but then also be in a position to need CC for the pick ups, so I would be worse off to the tune of about £200 a month but would be working more hours for it! That also means of course that I am not being taken seriously in my career and am often overlooked. I am in a professional role.

In terms of the 50-50 it's every other night and alternate weekends so it's 7 nights in 2 weeks.

VimFuego101 Sun 21-Feb-16 12:28:39

Is it really 50/50? How exactly is the time divided?

VimFuego101 Sun 21-Feb-16 12:29:18

Sorry, cross posted

cosytoaster Sun 21-Feb-16 12:31:17

If it's truely 50/50 then he may be right. But more info needed really - who gets the Child Benefit, do you claim Tax Credits, who pays for childcare, clubs, dinner money, clothes, school trips etc? Does your part time work save you both childcare costs or enable your children to do things that they couldn't if you were full time? Who takes time off when they are sick?

cosytoaster Sun 21-Feb-16 12:32:07

Arrgh - *truly

cosytoaster Sun 21-Feb-16 12:34:17

Sorry, another cross post. I'm leaning more towards your being right. Would his share of additional childcare be more than £200pm?

donajimena Sun 21-Feb-16 12:39:17

I think the only true 50/50 is week on/week off. You would need to calculate EXACTLY. If it wasn't in your favour you would technically need to pay HIM maintenance I believe. I'm happy to be corrected on this

PennyHasNoSurname Sun 21-Feb-16 12:40:44

If you are 50/50 then he needs to pay 50% of childcare.

Babyroobs Sun 21-Feb-16 13:46:31

I don't think maintainence is paid if it's strictly 50:50. Presumably you both have the same costs and the same time available to work. how do you split the school holidays? A few couples I know who have 50:50 don't pay maintainence.

AndNowItsSeven Sun 21-Feb-16 13:52:39

No op you would still receive WTC for childcare if you earned 30% more than you do currently.

AndNowItsSeven Sun 21-Feb-16 13:54:12

Your childcare cost while you have the dc are not your ex responsibility. If he can work flexibly and not need childcare thats just the good fortune of his job.

violettahatesoperatta Sun 21-Feb-16 15:45:22

OK thats intresting re: childcare and WTC. Hmmm

In terms of holidays; I take them 24/7 as I have a very specific job that allows me to do that.

It's so confusing!

RudeElf Sun 21-Feb-16 15:48:05

Yeah its not 50/50.
But even if it was. Who is paying for uniforms, school trips, school dinners, new coats, shoes, haircuts?

alltouchedout Sun 21-Feb-16 15:48:57

Have you had a look at entitledto to see how much help you could get towards childcare costs if you were full time?

And 50-50 custody should mean 50-50 childcare costs, to me.

Husbanddoestheironing Sun 21-Feb-16 16:02:42

With my DSD we had what sounds like a nearly 50/50 time split, half Saturday, sat night, all Sunday, Sunday night plus a night in the week. But school holidays we kept the same arrangements (his ex didn't work due to other small children at home) so it really wasn't 50/50 as we didn't have to find/pay for childcare. We split big items 50/50 and would take our turn in buying other clothes, shoes etc. but my DH still paid maintenance, though a smaller amount, because of all the incidental day to day costs (haircuts, transport to Drs and dentists, family trips out in school holidays, a pound here and there for school stuff etc etc) that really add up. Because he didn't want his daughter to go short or to feel like he was taking the piss smile So do make sure you consider all the costs involved carefully before you agree.

Husbanddoestheironing Sun 21-Feb-16 16:04:42

So also if you have them 24/7 in the holidays he should surely be paying you childcare rates for his half? Just saying.

FuzzyOwl Sun 21-Feb-16 16:18:13

A few years ago I used to work for the CSA and back then whoever had Child Benefit in their name was classed as the Parent/Person with Care. This might have changed, but it always used to be the decider when parents/guardians had an equal split.

FuzzyOwl Sun 21-Feb-16 16:20:00

^Further to this, reductions in the child maintenance would be made for every night that the child/ren spent away from the PWC but time spent during the day did not count.

Krytonfactor Sun 21-Feb-16 16:34:22

I have a similar situation. It's technically 50/50 as in 3/4 nights then 4/3 but I work part-time as I always has so I can provide the before/after school childcare. I cook 5/6 times a week.

It's hard to ensure money is split fairly. I pay for all school dinners/packed lunches/ school stuff (supposedly because I get the wtc). Uniforms we share costs.

We pay for the respective clubs/parties we take them to.

I earn a lot less and my rent is higher than his so could do with some extra but don't want to rock the boat too much as he insists he is skint ( I ended the relationship).

Still I just looked after them all week whilst he went on holiday so I could have done with a contribution ( out of courtesy) towards extra food costs of trips etc.

I sympathise it is hard when you know you work reduced hours so he can work full-time

Husbanddoestheironing Sun 21-Feb-16 16:37:31

But surely WTC is for your half of the week because you earn less, not so he can opt out of paying his share of school stuff?!

QuiteLikely5 Sun 21-Feb-16 18:01:22

If he is truly insisting he doesn't pay then start treating him like the main parent.

Let him claim CB and then let him worry about childcare.

You go full time and tell him you will owe him zilch maintenance. He can't argue with that.........

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