Child Maintenance

[GentlemanJay]

Does an ex partner have an obligation to pay child maintenance if the custody is split 50:50. The ex partner is a much higher earner, if that is relevant?

No, not child maintenance. However, if they are a much higher earner and they don't pay any child maintenance then that might mean they have the means to pay spousal maintenance, if their ex has proven a need for it.

I was quite careful to need to pay some child maintenance in order to slam the door on any kind of spousal maintenance claim.

Yes, though if it turns out that the enthusiasm for 50/50 drops dramatically once the financials are agreed or once a new woman is on the scene (both depressingly common), you can claim for more.

Many couples also do have their own arrangements outside CMS, their sums often cover very little of the true cost of raising a child, and decent high earning dads don't like the idea of their child living in a mouldy flat 50% of the time just to spite their ex.

It sounds like you maybe weren't married? It not, then unfortunately you have limited options for support, do make sure you check entitledto to claim what you can .

Me and my ex are 50/50 so no child support paid.

We did set up a joint account though to cover the cost of things for our daughter though as I tend to be the one who buys the clothes,make up etc. she is 13. This works really well for us. He pays in slightly more than I do as he earns more.

Such a nasty comment with generalisations without any base.

I can't remember where it was to link it but sure I've seen before that after 3 years, a high proportion of separated fathers are not playing an active role in parenting, with a new partner being a common catalyst. Can't remember where it was but anecdotally for me it stacks up too.

Perfect!. Hearsay and gossip instead of scientific rigor.

It sounds like it comes from one of those people who refused to work when children went to school, eventually divorced and still refused to get a proper job and then decided that because they wanted to sit at home watching Phil and Holly, it's their ex's fault that they now have no money!

The hypocrisy and lack of self awareness shown by these types is jaw dropping.

www.lse.ac.uk/business/consulting/assets/documents/child-outcomes-after-parental-separation.pdf

There you go, academic study - for example:

Weekly contact with the non-resident parent tended to decline with time since the separation (regardless of the age of the child at separation). For example, for children who experienced parental separation at between 9 months (sweep 1) and age 3 (sweep 2), weekly contact declined from 65% at age 3 (sweep 2) to 51% at age 7 (sweep 4)

Pretty low contact levels, and they decline.

That statistic doesn't explain why they decline. The backlog of contact orders in the family court might be one reason?

I'm in Australia, and the expectation is that a similar(ish) standard of living should be available in both homes. So a few years ago, despite having 65% custody (to me) and 35% to him, I was deemed as needing to pay child support. Child benefit here is also paid to both parents, dependent on their percentage of care, and the lower earner, despite a lower percentage can be entitled to a higher amount. It seems a fairer system to me.

That statistic doesn't explain why they decline. The backlog of contact orders in the family court might be one reason?

No, it doesn't explain why they decline - why would a backlog of family court orders cause it to decline though? - a small number of families go to court regarding contact orders (I only know of one separated family out of many in my immediate circle who have a contact order for instance). That doesn't explain the decline for the much larger number with private arrangements.

I would have said there is a natural decline as the children get older - irrespective of whether the dad gets a new partner or not - they have more social events, hobbies, friends they want to hang out with and so on that shuttling between two homes - one of which might be hours away becomes difficult and the children simply don't want to do it

Yes, this is dealt with later in the study - but the decline happens regardless of the age at separation - so we're talking it happening to toddlers too.

Again general statements without any base.

I am going to do the same that @QuinkWashable does. I know quite a few fathers that want more contact but are not allowed to have more contact because the mother doesn't want to receive less child maintenance money. In my experience, these RP (and yes most are women) put money over what is best for the children. I read somewhere sometime that mothers do that out of spite. I also heard on some radio program that this is a fact and 99% of women do that.

Australia's system is much more fair and puts a reasonable onus on both parents to contribute financially too. However, the expectation of a similar(ish) standard of living is problematic anywhere unless both ex-spouses are committed to making a decent effort to maximise their earning capacity. These matters should always be based on what a person can earn rather than what they do earn (with a reasonable ceiling for both parties of say £50k as earning above that typically requires having to work long, unsociable hours that are not conducive to family life).

My eldest as soon as she started reception age 4 had bday parties and hobbies pretty much every weekend so even from a very young age - barely out of toddler years - facilitating contact every weekend would be difficult with a father who doesn't live locally anymore

Where there is an income disparity or high income a nil award of CM is not automatic on 50/50.

despite the constant pushing of that as a fact.

Speaking to CMS, or court if the income is above their threshold, is the only way to know for sure.

@taxpayer1
Say you have a situation where the father would want more contact - 50/50 - not to get out of CMS but for genuine reasons. BUT they are on low income (they could earn more though but choose not to) and the cost of childcare 50% of the time would be twice that they currently pay in CMS under current set up (less than 1 night per week) so in effect they can't afford to pay it - should the other parent pay the childcare for the fathers "days" and agree they can have 50/50? Morally? Ethically? Should the RP lose the CMS and get stuck with full childcare costs?

For some reason it's pushed as a fact that 50:50 custody means no child maintenance. My ex husband smugly told me this when we separated. Spoke to a solicitor who scoffed when I told him he earns double what I do and she told me income absolutely affects it. Hey presto, we have 50:50 custody of our two kids, but he still pays me CM. Soon changed his tone when he put all the facts into the CMS calculator! It really depends on income.

No, it doesn't explain why they decline - why would a backlog of family court orders cause it to decline though? - a small number of families go to court regarding contact orders (I only know of one separated family out of many in my immediate circle who have a contact order for instance). That doesn't explain the decline for the much larger number with private arrangements.

Again general statements without any base.

ROFL - trying to sound clever there tax? The only statement above is that only a small number of families go to court regarding contact orders - easily verifiable as true with a quick google.

@prettygreenteacup I’m convinced it’s because of the constantly pushed myth that maintenance is meant to be 50% of the cost of the child.

When that’s absolutely not the case.

You see all the time on here though “well if they pay £500 then add your £500 and £1000 is plenty to raise a child” etc.

@YetMoreNewBeginnings

I don't get that myth either. CMS is means tested for a start. It doesn't care how much a specific child costs to raise it only takes account of how much one parent earns - I have twins for instance - full time childcare is horrifically expensive - but my ex CMS is calculated at £20 per week per child - which if you then say well that's "half" the cost of raising them and I stick my £20 in - but £40 per week doesn't cover nappies, food, childcare and so on before you add in being able to house them on top of that

If my ex earnt £100k a year I'd get x4 the amount of CMS I currently do 🤔

I’ve given up correcting it on here tbh. It’s constant.

I mean even CMS (I briefly worked for them - absolutely horrific) don’t think that.

do folks really think a premier league footballer and a cleaner should spend the same? Or CEO and janitor?

It's a fact according to 'some radio program[me]'? 🙄

Here are the stats that should truly shock you:
"In the quarter ending March 2022, of 164,500 Paying Parents due to pay via the Collect & Pay service:
60,700 (37%) paid no maintenance
103,700 (63%) paid some maintenance, of which:
33,000 (20%) paid up to 90% of the maintenance due for the quarter
70,700 (43%) paid over 90% of the maintenance due for the quarter"

This is especially shocking when maintenance for many men is far below the cost of raising a child, around £7 a week if they're on benefits, or self employed or cash in hand and claiming they're not earning. Still thinking the problem is the greedy women?

www.gov.uk/government/statistics/child-maintenance-service-statistics-data-to-march-2022-experimental/child-maintenance-service-statistics-data-to-march-2022-experimental