Should she be getting maintenance?

[Jerseysilkvelour]

Let's start by saying - I'm a firm, firm believer in maintenance being paid if it's due! Wanting to know how this works, for a friend. I thought no maintenance should be paid by anyone, aibu/incorrect in my thinking?

Separated Parents have 2 DC primary school age.
Each receives child benefit for one of the children.
Parent 1 also has another dependent child from previous relationship, who lives with them.
They share custody exactly 50/50 - very carefully worked out, even xmas every other year with each parent.
They have agreed each will be responsible for costs incurred for childcare and activities while DC are with that parent.
Both parents earn exactly the same (I know this for a fact. Not a guess. A fact!) neither qualifies for any income related benefits, not that that makes a difference.

Parent 1 wants maintenance from Parent 2 because they have another dependent and their household running costs are (apparently) higher than parent 2 (don't know how they know that, I think it may be an assumption because parent 1 rents and parent 2 owns).

Surely both parents could be assessed as having to pay each other therefore cancelling out the other's liability?

On the face if it, I agree that no maintenance should be paid by anyone.

Teh fact that P1 has another child is not P2's concern.

How is 50/50 contact split?

I don't. Know for a fact from a legal point of view but in my case:

Stbxh and I have 50/50 with our 2 primary aged dcs .
We earn about the same , pay half towards for the kids expenses ..childcare , clubs etc.
I know for a fact his house cost more than mine to run and he has other expenses relating to his lifestyle ...none of that is my problem , he wouldn't dare ask for money and I wouldn't offer .

Parent 1 is trying it on IME ..that's just my opinion though , legally I don't know if that's correct.

I agree. If it's split 50/50 then no maintenance.
I was under the impression though that CB can only be awarded to one parent? If that isn't the case and one parent has the children more then they should claim the CB for them both.

But yes maintenance is only for the children you have together. Doesn't matter if one of them has since had another child

50/50 is done so one week parent 1 has them 4 nights, next week 3 nights, etc.

I wonder how parent 1 would feel if parent 2 went on to have twins or something. Would they then be happy to pay the maintenance themselves to parent 2??

Agree there should be no maint from either party. It’s of no consequence if one partner has another dc or their living expenses are more.

I'd say the children's activities cost should be split 50:50 too

Am assuming the other child in question is not related to parent 2? Maintenance between a couple only relates to the children they share

Child benefit can only be claimed by one person per child, so they each claim for one.

Is maintenance only for biological children?

I’m sure I know a chap who paid maintenance for his ex’s older child as well as his own two children

I think parent 1 would actually end up paying more if they were to split activities 50/50, as the kids only do activities with parent 2. Same for holidays, they never go away with parent 1, but parent 2 takes them away somewhere modest every year.

Parents 1 dc from previous relationship - does parent 2 have anything to do.with them?

Jersey are you parent 2??

The child from other relationship lived with them when they were married (8 yrs) but wasn't adopted by parent 2. Child used to get given a bit of pocket money by parent 2 after separation, but that has stopped now. I thought maintenance was only required for biological children?

No I am neither parent 1 or parent 2, this really is for a friend! I am both wanting to point my friend in the right direction and genuinely interested in the answer.

I work for the CSA. Now CMS. This is how it would work.

Dependent child means nothing to their claim as you have said DC is dependent.

So each parent would have 15% of their wages as untouchable. The rest would then be awarded as a 15% claim. If you know they earn the same then yes this would cancel each claim out. If however the other DC isn't a dependent then this is how it works.

20% would be untouchable from that wage and then 15% award.

For demonstration........they each ear 100 per week.

100 - 15 = 85. 15 % 85 = 12.75.

100 - 20 = 80. 15 % 80 =

She would owe him

hope this helps

Shouldn't there be another parent being chased for maintenance here ?
My stbxh took on my eldest daughter, has a great relationship with her but in my opinion is only financially responsible for the 2 dcs we created together.
The whole 50/50 thing cancels out any need for payment to be paid to either parent I would have thought .

Sorry that's ment to say (she if she is a she) would be owed 75p by him.
Unless DC was adopted. If adopted then it's a claim for 2

The woman should be claiming maintenance offthe parent of her other child who is residentwith her. Why isn’t she

Cancerisacunt

She said the DC was dependent. So no maintenance from either bio or step. How old is the older DC

Not claiming from the father of the older dependent as knows there's no hope of getting any maintenance.

Older child is 18, nearly 19, still in full time education.

She should still be claiming. Cms can attach benefits and/or earnings

Is older child at school or in FE or HE

Child should be working part time at that age and covering their own discretionary spends as a minimum

Thank you shouldileavethedogs