Child maintenance

[TattyBluebell]

Hello! I need advice please!
DS and his partner spilt up.
They have a four year old son.
DS moved back in with me.
They share 50/50 of childcare.
Nothing legal sorted, just their own arrangement.
Mum claims the child benefit and DSL for their son.
Should my DS still pay child maintenance when the care is 50/50 even if she is still the one who receives child benefits?
I'm writing it like this, with no emotion, or other details in order to get an unbiased opinion.
Many many thanks!

If your DS has 50% custody, there's an argument that there isnt any child maintenance to pay.

No maintenance is due if it’s 50/50. She’s already getting all the benefits.

The default position especially on MN is no. 50/50 custody means no maintenance. However, it depends on what the difference is earning is.

So for my ex and I, he earns over double what I do so there is maintenance payable. For a friend where their salaries are pretty equal there isn't.

Without more information we cannot tell you, but there are online calculators that can help answer the question from a legal position.

The other side of it is a moral one. Can he afford to pay maintenance? If so, he should pay and also help with childcare costs, clothes, clubs etc etc.

I think if it is truly 50/50 then he shouldn't pay maintenance but that would mean that he pays for or does all the childcare involved in 50% of the time and not just do the fun bits. MY ex thought he did 50% but if she was sick she was with me, even if it is his time. If she needed an appointment it was done on my time. When she needed new shoes I bought them all. He did 50% of the fun time but not 50% of the work or the $$.

Unless of course DS is earning very well and she doesnt earn anything......

Put the income figures in ti the government calculator. That will tell you. Maintenance may be due if there is a disparity in their incomes.

Unless there is a large income discrepancy then no cm. Saying this, ensure that he is actually doing 50/50. He shouldn't be getting all the weekends and less of the weekdays. If dgs is in nursery full time so they can both work then Ds should be paying 50% of that as it allows them both to work.

i wonder if outgoings should be relevant too? If she’s paying rent and bills etc and he’s not, he should have much more disposable income to spend on his son either via maintenance or simply by paying for clothes/swim lessons/whatever.

There can be maintenance due if one parent is picking up all costs for example childcare and extra curricular activities so it isn't a straightforward answer

Not if 50/50. What is DSL?

Imagine if a dad was asking for maintenance paid to him because he decided to rent a flat in a nice part of town when his ex had to move back to her parents to save money…
Yes to income being taken into account (if significant difference), but not outgoings.

@SinkToTheBottomWithYouthe sexes of the parents are irrelevant. What is relevant is whether both parents make decisions that actually benefit their child, or if they make decisions with the intention simply being to shaft their ex, pay as little as possible to the detriment of their child.

If she’s claiming benefits and he has the child 50% then I don’t think any cm is necessary. They can both work fulltime I presume

DS works full time hours. The days he works are very long but he works two days on, two days off on a rolling rota. All the time he is off he has his son.
So one week it will be four days, the next week three days depending on how the two days on/off work out during that week.
Ex partner doesn't work and has the benefits awarded to her. She also claims DLA as he has autism.

I think 50/50 usually means no maintenance unless there is a huge pay difference (learnt off Mumsnet)

I thought DSL was Disability Living Allowance! My mistake... it's DLA!

They both pay for the extra things when each one has him. DS will pay when he has him and ex will pay when she has him.

There are payment differences. However, not with earnings as such. She claims all the benefits and doesn't work. He works full time and earns less than she receives.

I think she can put a claim in with CMS and could be successful. Just out of interest, is your son living with you longterm or is this temporary? Because not having to shell out for market rate rent, CT, other bills is obviously saving him a lot of money. if it’s a longterm plan and ex is struggling (CoL issues, her job prospects taking a hit to be a carer to their child) would it be so bad for him to ease that burden?

It sounds like the 50/50 arrangement has been made to benefit the hours he works, and would make it awkward for her to get a job around that.

The payment calculator is pretty accurate, use that as a starting point.

An acquaintance went to court requesting a similar schedule (he worked 3 days on, 3 days off), and the judge rejected it on
the grounds that it was detrimental to the mothers ability to work and provide for the children. It would have been basically impossible for her to get a job around his hours. So she’d have to work very part time, or full time, but pay for all childcare. She’d need a full time nursery place because dad was using he as his childcare, but she’d still need to work. It would also mean that weeks she would have no time with the children, because all her days would be work days. Where as the dad would only ever have days off with them.

Before it goes to court it may be worth considering how they’d split childcare costs, and make the days fairer (allowing children quality time with both parents) if/when she returns to work.

This is a very good point. The contact arrangement is worked so there is presumably no childcare to pay for for either parent. However, if mum starts working then what? Dad might find that 50/50 can’t work solely round his schedule anymore and he has to fork out for childcare, as does mum. And as the child has additional needs, childcare isn’t always that easy and straightforward to set up (believe me, I know…)

So she should be paying him if anything then?

In an ideal world (if it’s genuine all 50/50) the DLA and CB should be split. However, it seems likely she will just get to keep both for herself as won’t be worth the hassle of arguing with her about it. She is a CF if asking for maintenance too.

She will just keep both for herself. It really isn't worth the hassle and stress arguing with her. I agree with what you say about the maintenance totally!