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Maintenance (left title off previous post)

(6 Posts)
Lahti Sun 19-May-13 13:28:14

Hi all, I'm back again. I'm making small progress with my divorce but it is such hardwork as STBXH is so awkward but claims I am obstructive and non communicative. Anyway my question this week regards child maintenance. STBXH claims that as his mum is our (unpaid) childcare while i work 3 days a week and he looks after DD 3 nights per week we actually do 50:50 care because he has paid for DDs food while MIL has her. Therefore he says that he shouldn't need to pay maintenance at all but will offer e £20 PW and we should share the buying of clothes for DD and he wants receipts for any purchases I make. I have checked on the CSA calculator and on his wage they would take £39 per week. I have suggested deducting £6 PW for food while DD is on childcare but he refuses. Does he have a point or is he being unreasonable, I just want it sorted.
I will be increasing to 4 days a week at work soon and I can see him saying that he will be doing more than 50:50 care. Sorry for mistakes am on phone.

NotSuchASmugMarriedNow Sun 19-May-13 14:00:49

Do you mean his mother has your dd 3 days and your dh has her an additional 3 nights on top of this?

Or that his mother has dd for 3 days and then, overnight on those days, your ex has her?

NotSuchASmugMarriedNow Sun 19-May-13 14:02:19

By the way, £6 for 3 days worth of food is very low. You are basically saying it costs £2 a day to feed your dd - and I'm sure you can't feed a child for that.

HollyBerryBush Sun 19-May-13 14:06:03

Why don't you just go through the CSA? Save all the arguing.

Although I fail to see how his mother providing childcare equates to 50/50 residency.

aPseudonymToFoolHim Sun 19-May-13 14:44:23

afaik CSA assess 15% of non resident parent's wage for maintenance.

For every overnight stay the NRP has the child for, the maintenance payment is reduced by 7%, so if he was assessed at £40 aweek and has 3 overnights, it would be reduced to £31.60 ( if my maths is correct! smile )

financialnightmare Sun 19-May-13 15:39:55

The CSA are changing their rules soon so that parents who can successfuly argue for 50/50 care will no longer pay each other maintenance.

However, if he earns more than you, you may be entitled to spousal maintenance. You need to ask your solicitor really.

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