CM with 50/50

[SuzieQ822]

Hi!

Newly separated and trying to sort our finances. I am a higher earner (finance with decent bonuses) and he is a teacher.

We are going to be 50/50 for our two DC - he has used the government CM calculator and based on this I'd owe him a pretty significant sum, just under £800, each month.

Is this correct in cases where the split is 50/50? The calculator takes in to account days spent but I always thought CM was for those who had less equal splits.

It’s based on nights. Will you both have an equal number of nights?

If you have equal time spent you owe each other nothing

Yes, that is correct.

If you do fully shared care, then there is no CM payable. Fully shared care means that both parents are equally responsible for all aspects of child care (eg doctors, dentists, parents' evenings, homework etc etc). It's different from 50/50 calculations based on nights the children are resident in each house.

Your ex will now be able to claim child benefit too, which I assume he could not (or you had to pay back) as you were a high earner.

You should also consider how he will cope financially if you don't pay any CM. How will it impact your DC in terms of living arrangements and clubs/hobbies. There's a moral aspect to CM as well as a legal one.

Have you used the calculator too Op to confirm his findings?

Thanks for the quick responses.

Yes I checked the calculator - oddly I can do the same exercise and the output suggests that he should pay me as it doesn't take the recipients income into account.

It will be 50/50 - should be very close to the same number of nights, I may do 4/7 during term time but he will be able to pick up some of those extra nights in the school holidays.

Good point on child benefit, we stopped claiming that but he'll be able to now.

If he claims child benefit then he will by default be the resident parent if you have a 50/50 arrangement. It's worth getting advice on this point. The non resident parent can claim child benefit, but then both parents income is taken into account when deciding of it needs repaying.

So, if he is the resident parent he can get child benefit and claim child maintenance from you.

If you agree to fully shared care, then he can get child benefit but not CMS child maintenance. You can still have a private arrangement for child maintenance or global maintenance. This might be equitable if your earnings are very disparate.

If you are the resident parent, he pays you and he can't get child benefit.

If you're amicable, try to get joint advice on the best way to structure your arrangements.