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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 question

9 replies

bedmade · 26/07/2022 07:20

I can't seem to find the answer on googling so wondered if any of you can help please.

I have 3 dc, with shared 50/50 care (so no CM payable). If one of the dc stays with me more than 50%, would exH have to pay any CM, even though he has the other 2 half the time? It's looking likely this is going to happen. Many thanks in advance

OP posts:
TeachesOfPeaches · 26/07/2022 07:29

Input the number of nights in the CMS calculator online and that will tell you.

millymollymoomoo · 26/07/2022 09:17

Yes
if you have one greater than 50% cms will
be due

waterSpider · 26/07/2022 15:22

Yes -- but only for that child.

bedmade · 28/07/2022 06:11

Thank you for the responses to this. It seems likely that one of our DC will opt to stay with me more and more often. The arrangement is meant to be 50/50 but since she has become a teen she shows a strong preference for staying at home with me (she has never wanted to go to her dads but this is now at a level that I'd be physically forcing her to).

I have explained she needs to go every other weekend anyway, and ideally one evening a week too. I want her and her dad to have a relationship but I'm tired of feeling responsible for making it happen. I'd appreciate any thoughts/experience on this.

OP posts:
RedHelenB · 30/07/2022 06:39

Personally I wouldn't claim any maintenance in this scenario.

millymollymoomoo · 30/07/2022 09:14

Why not? If op ends up with one child ful time for example then he should contribute to that
of it’s one night difference then
yes perhaps not

bedmade · 02/08/2022 06:57

RedHelenB · 30/07/2022 06:39

Personally I wouldn't claim any maintenance in this scenario.

Well that is my other question. Just because I can, does that mean I should? It will undoubtedly cost me more - this child has special needs and does not going to school. I won't reduce my work hours but will spend a lot more in electricity, food, general bills, not to mention the extra work involved. But it would cause a lot of bad will from ex DH (not that I'm unused to that)

OP posts:
millymollymoomoo · 02/08/2022 10:59

I don’t Understand why you wouldn’t really
if you only had one child and had majority care you’d claim .
why is this different ?

LemonTT · 02/08/2022 13:51

millymollymoomoo · 02/08/2022 10:59

I don’t Understand why you wouldn’t really
if you only had one child and had majority care you’d claim .
why is this different ?

There is a risk that this change is going to disrupt wider family relationships. Some people, not all, might weigh up the benefits of the additional income versus the fallout and decide a new cms claim isn’t worth it. It’s really a child making a decision that will fundamentally impact on their relationship with their father and other siblings.

Equally kids have been known to be fickle about Co parenting arrangements. In teenage years it can be a free for all. Well off Co parents might just let things ride one way or the other.

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