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To think I’m entitled to child maintenance?

164 replies

Blondeyoghurt · 08/04/2024 14:40

Hey all,

I honestly have no idea if I’m wrong or right on this one so please be gentle!

I have a nearly 4 year old with my ex (never married). He’s decided today that when she goes to school, he’s not going to pay the privately agreed child maintenance anymore. He’s told me he’s spoken to CMS and they have informed him that if I put a claim in they would just shut it down straight away, as we share our child 50/50 (this does differ sometimes as he has on call duties in his job, so may have a couple extra days with me or my mum etc).

He’s on an extremely healthy wage (just over double mine), and I am the receiver of child benefit.

I was sure that even with 50/50 custody, he would still have to pay to me - is this wrong?

I have absolutely no idea and I don’t want to cause a stir without knowing exactly where I stand.. the websites aren’t too clear in this instance😭

help please!

OP posts:
Otherstories2002 · 08/04/2024 18:32

50/50 custody does not mean you aren’t entitled. CMS is about ensuring that the child has an equal quality of life based on both parents earnings. They absolutely do not expect wealthy life with one and not the other.

The calculator is accurate. File for an official claim, he’s a game player and you’re far better off outsourcing that game.

Nonewclothes2024 · 08/04/2024 18:19

Sometimes you do get maintenance with 50/50. It happened to someone I work with.

Chatonette · 08/04/2024 17:59

Blondeyoghurt · 08/04/2024 14:47

Oh and also - he was apparently told that the calculator you can use online is incorrect? Because I have tried this and even when I put the option of half and half time, it says he still needs to pay x amount. But I’m not sure if that’s reliable enough now? This is all very confusing!

He says, “The calculator is incorrect.” Riiiiight…..😒

Elephantswillnever · 08/04/2024 17:57

BrussellRand · 08/04/2024 17:48

If it's 50/50 he should be getting half of the child benefit!

They don’t pay it 50/50 though. I use it to pay for school lunches/ the inevitable school requests for cash / replacement school ties/ school trips and residential It’s not a lot of money to be fair.

BrussellRand · 08/04/2024 17:48

If it's 50/50 he should be getting half of the child benefit!

Ledci · 08/04/2024 17:47

Sweetheart7 · 08/04/2024 17:42

Your partner does have some control over this if he pays plus going halves on everything aswell that isn't down to CMS!

He absolutely doesn't. He's battled and fought CMS for 18mths. And they simply say "she is the primary carer so is entitled" Primary carer is because she claims the Child Benefit and the kids are registered at her address for the GP. He's been in and asked them and they say they can only have one address!

I've listened to the phone calls and read the letters. They aren't interested.

GingerIsBest · 08/04/2024 17:47

OP, I think there are probably two things to consider here:

As everyone says, it's worth checking in directly with CMS and/or making a claim.

But, if he's even vaguelly reasonable, the conversation to be had with him is about why? So I'm guessing he's been paying to contribute to nursery or other childcare fees? Do these miraculously go away when the child goes to school? eg if you do 50/50 but there still needs to be wraparound care is he going to pay 50% of this?

And then, as others have pointed out, if he's not going to pay any child support and he IS going to do 50/50 care, does he fully understand that that is not just rent and food? But also clothes, hobbies, clubs etc? is he paying half of school uniform, half of all other clothing, half of dance/football/piano or whatever extra curricular she signs up for, half for any birthdy presents (for her, or any parties she goes to) etc etc.

And of course, there's a moral element here too - if he accepts he has to pay this stuff, is there anyway he would consider paying these things proportionally? I saw a women on here relatively recently who said they have a joint account for this sort of expense which they can both access to pay for clothes/clubs/activities etc. When it runs out, they both pay in but she pays in less as he earns more. That felt like a really mature and responsible approach to me.

cherish123 · 08/04/2024 17:44

If it's 50:50, of course neither of you is entitled to maintenance!. I suspect at the moment, it's not maintenance you receive. It's just that you split payment childcare fees equally and your ex gives you half so that you can physically pay it altogether, rather than the nursery receiving 2 payments.

rwalker · 08/04/2024 17:44

Wishitsnows · 08/04/2024 14:44

What a prince of a man not wanting to pay anything toward his child.

Tbf if he has them 50% of the time then he is doesn't the other parent have a responsibility to provide

Addictforanex · 08/04/2024 17:42

This thread just shows how difficult all this is for single parents.

I have full custody of my children (username gives it away) and get no CM at the moment since he stopped paying when he lost his job - case is open with the CMS just now as to what he should be paying if anything. How do people split the costs when doing 50/50? Keep a spreadsheet and running “IOU” total? Get the other parents permission to buy anything as it will be jointly funded? Any what goes on the spreadsheet vs what is a treat by the buying parent and not considered a cost of “maintaining” them? What if parents incomes vary hugely and treats flow freely from one parent and can’t be afforded by the other? Sounds exhausting and really difficult to manage - and the potential source of many arguments and resentments :(.

Sweetheart7 · 08/04/2024 17:42

Ledci · 08/04/2024 16:55

I've not read the posts but I've got a lot of recent knowledge in this area.

My partner does 50/50 down the middle with his ex.
He pays half of all costs for uniform; school trips, lunches, hairdressers etc.
He pays for wrap around care on his days. He earns approx £8k more than her.
Because she claims the child benefit (simply because he goes over the threshold and she is under) she is classed as "primary carer" and can therefore make a CMS claim. It's absolutely bullshit. She shouldn't be entitled to it but the CMS system is a joke in many ways and he has to pay her £400 a month for absolutely no reason, other than her being classed as primary carer.

Your partner does have some control over this if he pays plus going halves on everything aswell that isn't down to CMS!

KoolKookaburra · 08/04/2024 17:40

Gettingonmygoat · 08/04/2024 17:38

The only way you will know for definite is to put a claim in.

This. Just put the claim in op

Gettingonmygoat · 08/04/2024 17:38

The only way you will know for definite is to put a claim in.

KoolKookaburra · 08/04/2024 17:36

Stop telling OP to use the calculator please!!

This is what it says.

"You will not have anything to pay through the Child Maintenance Service if you are:

  • sharing care equally with the other parent
  • a full-time student with no income
  • in prison:

The calculator is not designed to be used for 50/50 care

W0tnow · 08/04/2024 17:32

WarshipRocinante · 08/04/2024 14:44

How is it unfair? If they both provide a home 50/50 and split costs for the kid’s stuff then why is it unfair?

I think in some circumstances, when there is a significant disparity in income (and therefore what each parent can provide for the child) there should be a mechanism to mitigate the disparity.

Note that I said ‘some’ and ‘mitigate’, not ‘all’, and ‘equalise’.

Anyway, it appears that indeed there is such a mechanism.

Nicetobenice67 · 08/04/2024 17:31

allthemiddlechildrenoftheworld · 08/04/2024 17:29

@Blondeyoghurt not always true! My friend knows someone who has to pay ex partner so much per week even though they share 50/50 care of the children! one parent earns more so it is to keep the standard of living in each home for the children equal!

Exactly I have heard of this too

allthemiddlechildrenoftheworld · 08/04/2024 17:29

@Blondeyoghurt not always true! My friend knows someone who has to pay ex partner so much per week even though they share 50/50 care of the children! one parent earns more so it is to keep the standard of living in each home for the children equal!

Mintchocco · 08/04/2024 17:27

Copperoliverbear · 08/04/2024 17:17

Why do some people on the internet feel the need to be so nasty?

I'm not sure who this is aimed at, possibly my post for referring to a comment as stupid.

But if you're going to be so misinformed about the disproportionate hardship and abuse women suffer financially (and otherwise) at the hands of men then you deserve to be called out on it, especially when you are making comments like that on a public forum.

Nicetobenice67 · 08/04/2024 17:25

Does he have any more children as that can make a difference

Concannon88 · 08/04/2024 17:24

Nicetobenice67 · 08/04/2024 15:53

If it’s 50 /50 are you sure he cannot do the same and claim off you

No because he's not in receipt of child benefit

ConfrontationDoesntHaveToBeScarey · 08/04/2024 17:24

What about the gender pay gap?

Concannon88 · 08/04/2024 17:21

@Blondeyoghurt there's no way they'd say that, and even if they did they are wrong. They can only tell you to make a claim and it will be calculate from the info given. It sounds like you have her more then 50% i also dont get why he's paying it now, but not once she starts school. Yeah cos school kids need less.

Copperoliverbear · 08/04/2024 17:17

Why do some people on the internet feel the need to be so nasty?

Gcsunnyside23 · 08/04/2024 17:17

I would check how many extra night you've had your child over the past 6mths to a year and work out what percentage that is. Also does he contribute to clothes etc?

Mintchocco · 08/04/2024 17:13

x2boys · 08/04/2024 17:12

Apart from the fact ,loads of women can't afford to squirrel away money from the family
It's just typical.mumsnet ,if a man squirels away money he's financially abusive, but if women does it its perfectly acceptable as its a ," running away fund" .

"women can't afford to squirrel away money"

"if a man squirels away money he's financially abusive"

Please do the math yourself.

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