50/50 Child Care

[PCBristol]

Hi - I am looking for a simple answer (if there is one) or any feedback from people int he same situation.

I am divorced from my ex-wife, in total separated for well over 7 years. We have 2 kids (9 and 12). I have the kids week on week off and have been doing this for several years. I also take them on holiday etc and get hit for most of the costly expenses.

As part of our settlement I gave my ex enough money to buy a house outright with some left over. She has a decent enough job and has been living with her partner for several years. That part of the settlement is not in debate. The agreement does allow for the intervention of the CSA if we disagree with maintenance payments (both ways)

Although I have them 50/50 I still pay maintenance to her. More and more she is claiming poverty and asking me to pay for more extras. I pay for all their clothes and living expenses when at my house, nothing is shared back my way.

Here is the question. If I go to the CSA and ask them to look at the agreement and I have them calculate using their calculations then will my payments be Nil ?

As far as I can see when its 50/50 there is not payee or payer and therefore they have no-one to claim against and therefore the payments are nil ?

Thanks !

No, it’s not as straightforward as 50/50 = nil. It’s a common assumption that isn’t correct.

Its more complicated on that so you’d have to speak to them and work it out depending on your individual circumstances.

if you have court agreed maintenance you can go to CMS, usually one year and a day after your agreement.

However, you should also keep in mind your ex can apply back to court to have it reinstated (I know of one couple who ping pong back and forth every year!).

basically - it depends

So based on that. Who determines who pays ? if its the assumption the man always pays then that isn't equality. If I have the kids more, why dont I get paid money, or is that too simple?

If it’s genuine 50-50 cms will be nil

You need to speak to CMS. It depends on your income and various factors. it’s not always a simple calculation - and even having worked there for a brief time I couldn’t say more than “50/50 doesn’t = nil.

If you have the children more then you’d be entitled to claim the other way.