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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

3 replies

DivorcingMum44 · 24/02/2023 16:51

Hi

I keep hearing conflicting info on Child Maintenance. We plan to have the kids (15 & 12) 50% of the time each. I earn 42k, he earns 95k. I have seen the government calculator but have also seen that in 50/50 spits there is no maintenance. We are doing this amicably so not using a solicitor until we have things agreed.

OP posts:
waterSpider · 24/02/2023 18:03

The CMS calculator will still give an amount based on nights at each place.

The law is supposed to be that there is no CM if the care is genuinely 50/50, which is more than just the nights, and including all aspects of childcare and responsibility.

If you're amicable and it's truly 50/50, then asking for CM seems odd.
If you're amicable and it's not quite 50/50, then asking for CM seems OK and maybe you could sort out between yourselves?

Once you split, of course you can get Child Benefit, but he would lose it if he claimed (so best that you claim it). So that's one bit of extra cash (not much, I know) coming your way.

BetterFuture1985 · 25/02/2023 20:31

50/50 means no child maintenance from CMS. The court might order child maintenance if it comes before them but it would be overturned in a year.

You both earn well so there isn't a case for maintenance of any kind if the care is genuinely 50/50.

Theunamedcat · 25/02/2023 20:47

If its truly 50/50 then no maintenance is due but that means 50% of costs paid each so school shoes and uniform split the best way would be for a bank account in joint names with an equal amount put in for clothing for the children take care of your own thing at your own homes so you don't buy a bed for your house from that account (for example) because it's solely for YOUR house but clothing uniform things that travel between homes from shared funds

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