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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Child maintenance if share custody 50/50

76 replies

ScandiCinnamon · 01/10/2018 15:22

Hello all.

Just a bit of background; I am midst what is turning out to be a nasty separation from an emotionally abusive and controlling person. It has taken me years to build up the strength to call time on this relationship.

We are not married. Have two DDs in primary school.

We jointly own the property we are in but are otherwise in polar opposites financially. We always had separate finances. I worked PT in low paid job whilst looking after DD’s for 5.5 years. = no savings.

For years OH was absent in evenings and weekends in meetings and doing his own hobby etc etc. I cried and argued over this but no, he was happy with the amount of time he spent with us. We weren’t.

However, now he is turning out to be father of the year and want to have the DD’s 50/50 and as he pointed out repeatedly yesterday, will therefore not pay any child maintenance.

I for the record to not want to do 50/50 but as he is their father there is nothing I can do to prevent this (?)

Now, I have heard this before; If the overnight time is split 50/50 between the parents no child maintenance needs to be paid……..

However, when I just logged on to the UK Government Child Maintenance Calculator and I put in that the children will ‘On average stay with him more than 3 nights a week (it would be every second week 3 every second week 4 so 3.5 nights a week) the result still show as he needs to pay maintenance………. I am very confused.

I know I need to find a good solicitor but due to finances I would like to have my ducks in as neat a row as prior to heading there. He can afford to hire a fancy lawyer and go to court. I can’t.

Does anyone have any experience to share?

Much appreciated

OP posts:
jocktamsonsbairn · 19/11/2018 23:53

That is very true and I apologise if I have offended anyone e! But her ex sounds very like mine - he insisted on 50:50 too (despite never seeing them growing up due to work/affair)!but has in reality not actually seen his dc for 9 years - his choice not to see them, I have gone above and beyond to facilitate meetings for my DCs sake. But yes, every case is different. The op's situation sounds very like mine and I stand by my advice to get herself in a strong position if she is facing a controlling ex who wants to wriggle our if paying maintenance with access to money to chuck at courts/solicitors while she has none.

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