To think I’m entitled to child maintenance?

I didn't say it proved it, I said that if she recieves those, it will be her who is the primary carer in the eyes of the CMS. I know that is how they decide who it is.
If she is saying the opposite to him, eg she is the main carer AND she claims the CB and addresses are linked, they will award her the "primary carer" status

Did he give them any evidence of this? Can you show how much you do?

Don't take legal advice from your opponent.
If he gets upset at you applying, then he's likely lying to get out of paying.
Trust the website calculator over the man who doesn't want to pay.

Don’t give ve up! Surely he’s not the first at CMS to try to pull this shit.

But receiving benefit doesn't prove she is the primary carer. It just means she is the lower earner of the two.

You need to contest this as unless he has provided proof of this, it's a load of crap.

If you receive child benefit and the child is registered at your address for doctors, nursery etc then YOU are the primary carer. He HAS to prove otherwise, they don't just close the case because "he said so"
My OH has been fighting the exact same battle for 2yrs and it's still ongoing. Apparently because she claims CB and the child is registered at her address for doctors etc then she is classed as primary carer. Which is what I imagine you are?

Interesting thread...I am the larger earner with the STBXH on the lower income. He will be able to claim child benefit. We are looking to split custody of the children 50:50.
TBH him doing 50% will be a massive step up- only since I have filed for divorce has he started picking up costs for Christmas and birthday presents. He still doesn't contribute towards childminder fees, school lunches, clothes and uniform.
I'll buy clothes for the kids for when they're at mine, and he will buy clothes for them to stay at his, working to his budget.
Child care costs will be split- I pay if I need a childminder on my days, and he will pay for his. Joint costs (school uniform, trips, lunches, clubs) should be split equally.
I'd be hacked off is he came at me for maintenance...he currently spends his income on his trainers and gaming PC so what's the say the kids will see any of it anyway?

Yes It does. See my post above on reg 50

Im aware. I read the full thread.

Even if he is doing 50/50 of everything that still doesn’t remove entitlement to child maintenance where there is unequal income.

@Otherstories2002
To be fair though. Ongoing posts do indeed make the guy sound like he's not pulling his 50/50 weight

Reg 50 states no CMS due for shared care:

Where the person named as the non-resident parent of the qualifying child also provides a home for that child (in a different household from the applicant) and shares the day-to-day care of that child with the applicant, the case is to be treated as a special case for the purposes of the 1991 Act (reg 50 of the Child Support Maintenance Calculation Regulation 2012).

The effect of reg 50 is that, where there is a division of care in two different households, the non-applicant parent is to be treated as the NRP if they provide day to day care to a lesser extent than the day-to-day care provided by the applicant. Where the facts show equal responsibility for day-to-day care then there is no NRP from whom maintenance may be claimed, and there will be no assessment.

@Otherstories2002

Never assume anything

Also, never go around making up possible scenarios in your own head that the OP didn't disclose and run with a whole bunch of judgement based on your own made up scenarios. (esp when it's highly likely due to the nature if the post that she would disclose all info suggesting he's a dick)

Best to stick to the OP description huh?

Sounds like you have an amiable relationship with a decent ex. You are lucky. Many many people don’t have that. A text to say, “ I bought DD this coat, can you transfer half?” In my world would be met with “Fuck off, she didn’t need a new coat, why did you get that one anyway, could have got one for £1 at a car boot” or some such shite. Or a simple “can’t afford to” For every. single. thing. Exhausting, soul destroying, heart breaking.

Very costly to do a sch 1 claim . V difficult to win under this and would likely not be successful re maintainence

You can out in a claim- but if it’s genuinely 50/50 nights they will return a £0 nil assessment - the calculator doesn’t work in genuine 50:50 cases. Feel free to put a claim in but expect it to come back as this

Because in this case the op is having to have the child on some of dad’s time because he is on call, so current situation he presumably relies on her having those days free so he can work. True 50-50 the dad would need to sort out childcare when he’s on call as though he was a single parent not expect op to be available by default. Op would then have more time available to increase her earnings

I spent the first 2.5 years of DDs life taking a back step so that he could further his career.. so some things are easily said than done I guess

If nothing else, hopefully this thread will make other women realise not to do that when you're not married......

Well in that case OP should just do absolutely nothing to try and improve her situation and sit there wondering why she has £0. What a tremendous idea.

OP has taken action and I am very pleased she has and I wish her all the best.

If he does 50/50. then make sure that he does it properly.
Takes time off when she is ill to look after his child
Takes her to school and collects her.
Half the holidays.

See if impacts on his career.

What a tremendous idea. Well of course if OP stops paying, he will just just instead. What other option could there be for someone already not paying anything?? Hmmm...

Honestly, some people live on a different planet. He's not going to buy more if she stops buying things at her house. He'll just let the kid wear whatever mum sends them in until mum gives in and buys more.

He's paying private maintenance I assume towards nursery fees?

Who pays for other things that your child needs? Clothes/hobbies. If that's split then fine or if you agree to split those costs as they crop up, that's fine.

But his income and the fact it's healthy is really nothing to do with. He's supporting the child not your life. If it's 50/50 that is.

Just as an aside, as we don't know the figures involved here, if the other parent earns over £104k net, you can make a claim under Schedule 1 of the Children Act to the court who will do a needs assessment and award a maintenance figure without the CMS. Even if 50/50.
And Schedule 1 is also there in other circumstances eg cash poor/asset rich type situations, or if a child has a particular need/disability that the other parent should be contributing towards.

I calmly let him know to possibly expect some contact from them and the response was as expected, I’m calling his bluff and a money grabbing piece of work..

Ha. My hunch was right. He’s a dick.

Seriously though, I hope you do find some way forward with this, either through continued child support via CMS or if that’s not possible, you somehow get him to fairly share all of the financial cost of raising your child amicably.

I also recommend that you keep a record of how many nights the child spends with each of you incase there are any queries in the future (CMS do annual reviews to check information is up to date). Could be handy.