Advice needed asap please! - child maintenance query

[andwhatnow]

Please could I have some advice on potential entitlements. I separated from my husband a year ago. We have a 12 year old son. We have virtually 50/50 care, although technically for eg, in the last year it has worked out that I have our son slightly more nights than his dad. I claim the child benefit. Up until recently my ex husband claimed tax credit although this has now stopped due. We more or less split costs half and half although I, for example, pay his mobile phone bill and in the past have paid a little more for trips and school uniform. My ex husband is arguing over every penny, for eg, even begrudging paying half for a school trip. In terms of earning, at the point of leaving (I had to leave the marital home as he refused) we earned virtually the same. In the past year, he has taken on another job and now brings home between 250 and 600 pounds more a month than me.

Also, I have had to entirely finance furnishings for my house as my husband is refusing to pay for anything until the house is sold.

Am I within my rights to claim child maintenance?

I dont think in your current situation with 50/50 child care and 50/50 financial support as it is you would be entitled to claim child maintenance.

You would be entitled to claim 20% of his earnings for your dc if you did not have 50/50 care through csa,not sure how their calculation is worked out with 50/50 care.

Are you divorcing? as if so I would advice seeing a solicitor to give you this advice.

With the CSA, in the case of 50:50 care then whomever gets the Child Benefit is entitled to claim child maintenance off the other parent.

As standard you could expect to receive 15% of your ex's net salary as maintenance for one child. As there is 50:50 care then that 15% would be reduced pro-rata based on the number of nights your son spends with you compared to the number of nights he spends with his father. So you could expect to get 7.5% of your ex's net income.

Before going down this road, though, I'd think very carefully if it was worth it. First, unless your ex is a PAYE employee with a steady job history then the CSA can be a nightmare. My ex used to regularly bounce between employment and bounce faster than the CSA could keep up. If your ex is self-employed then it would be very easy for him to conceal his true income as well.

The other thing to consider is that if you do this then your ex may very well say that he's not going to pay anything other than what the CSA says he should. You may well end up worse off than you are now.

I would call the csa and talk to them or You can sometimes go to the citizens advise centre and do the anonymous ask.

I think it would be blatantly unfair.

He is sharing half the costs. It's not his fault he Earns more. You would run the risk he would (rightly if you ask me), stop paying half of things.

As you have to beg him to pay for anything and he has your marital home and it's content. I would start by talk to CAB. Good luck

I am very reluctant to go down this route and it may sound as though I am being unfair. My husband is PAYE so that is straightforward and it wouldn't affect anything else given, as my husband has not given me a penny since I left. I just find it so unfair when (even though I do get eighty quid a month child benefit) I am having to pay more per month to provide my son with a home. For instance, I have had to borrow and am now trying to pay back a loan just to furnish my house and son's bedroom, etc and had to put down £600 deposit. My husband has also just decided to sell one of our cars (which was worth more than mine), plus I paid half our our mortgage as well as my own rent for the first four months after moving out. I feel there is certainly an imbalance and actually, because of his pettiness, I will claim what I can for our son.

If he is losing marital assets (car) then you need legal advice.

The problem is legally - you could be liable for half mortgage (if it's joint) or from the mortgage cos point of view all.

I think a solicitor is your best bet.

Legal advise NOW!!!!

Agree with Snorbs although the deduction for shared care is in sevenths - for more than 3 but less than 4 nights a week the deduction is 3/7ths.

You'll have to balance the incoming CSA maintenance against the prospect that he'll stop paying for things as he does now. Depends on whichever will get you more money really.