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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.

Help with children

8 replies

Snake1982 · 31/07/2020 11:15

Just want some advice really . My ex wife and I are divorced we have a 9 year old daughter together . My daughter stays with me a week then back to her mum for a week and so on do I still have to pay maintenance to my ex wife ? I pay for my daughter when she is with me . I lost my job a while ago due to mental heath problems (depression And anxiety) I don’t get any child benefits for my daughter as the ex wife gets it all how do I stand

OP posts:
Feralkidsatthecampsite · 31/07/2020 11:18

I assumed a 50 /50 split meant no Cms exchanged hands...

loungewearisthewaytogo · 31/07/2020 14:24

Yes, if you have your DD an equal amount of time then there is no child maintenance payable on either side

commentatorz · 31/07/2020 21:11

This isn't necessarily true. But if you don't have a job you wouldn't have to pay CMS anyway.

The rule for shared care doesn't just mean equal overnights, it means "equal day to day care". This could mean (for example) school dropouts and pickups, hobbies, doctors, dentists, attending events, nutrition, general expenditure and more.

FairiesWillFly · 03/08/2020 07:21

@commentatorz but where is this 'rule for shared care'? I can't find anything about this and it seems that I still have to finish work early to collect the kids on his days and he still has them overnight that night from 6pm and pays less for doing so?

commentatorz · 03/08/2020 08:12

The rules are the 2012 child maintenance calculation regulations: www.legislation.gov.uk/ukdsi/2012/9780111526132/contents

specifically section 50: www.legislation.gov.uk/ukdsi/2012/9780111526132/regulation/50

commentatorz · 03/08/2020 08:17

Sorry I think in my rush I've accidentally linked to the old draft regulations - www.legislation.gov.uk/uksi/2012/2677/contents is the latest

BernadetteRostankowskiWolowitz · 03/08/2020 08:20

No CMS payable on either side.

commentatorz · 03/08/2020 08:46

ignore what the poster above has written and read the regulations

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