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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

30 replies

36londonmum · 23/10/2024 18:50

Hi - I wondered if anyone could point me in the right direction.

My ex is paying child maintenance as according to the calculator, I have 2 children with me 11 days out 14 because he cannot handle more. It has meant I cannot really do much work, and during the holidays I’m at a bit of a loss… he also says I should have a higher paying job as I used to do when we were together which I lost due to crazy circumstances before we split. My question is he is refusing to pay half of childcare costs in the holidays, is this his obligation? How can I be expected to work and do all the childcare on my own?

OP posts:
SophiaJ8 · 23/10/2024 18:51

He isn’t obligated to pay anything beyond CMS.

Lilacbloomers · 23/10/2024 18:52

SophiaJ8 · 23/10/2024 18:51

He isn’t obligated to pay anything beyond CMS.

It’s crap but this PP is correct

millymollymoomoo · 23/10/2024 19:01

Why can’t you work?
can you claim childcare costs support / are you able to claim 85% of costs? Can family help ?
is it just the costs or something else prohibiting you?
can you go back to your higher paying roles?
How old are the children ?

as above beyond cms he’s not obligated to pay more and it sounds like he won’t

36londonmum · 23/10/2024 19:06

millymollymoomoo · 23/10/2024 19:01

Why can’t you work?
can you claim childcare costs support / are you able to claim 85% of costs? Can family help ?
is it just the costs or something else prohibiting you?
can you go back to your higher paying roles?
How old are the children ?

as above beyond cms he’s not obligated to pay more and it sounds like he won’t

I can work and do work, but I have a much much smaller income and when the children (6,8) are on holidays how do I manage this?
my higher paying job no longer exists, and even if it did I don’t know how I would juggle long hours 7 days a week with the kids..

OP posts:
36londonmum · 23/10/2024 19:07

millymollymoomoo · 23/10/2024 19:01

Why can’t you work?
can you claim childcare costs support / are you able to claim 85% of costs? Can family help ?
is it just the costs or something else prohibiting you?
can you go back to your higher paying roles?
How old are the children ?

as above beyond cms he’s not obligated to pay more and it sounds like he won’t

What are childcare costs support?
my higher paying role no longer exists and I worked very long hours seven days a week as well as travel. I can’t do that anymore even if it did exist! The children are six and eight

OP posts:
Pandasnacks · 23/10/2024 19:07

You don't need a 7 days a week job, but you can work full time. Combination of holiday club and annual leave to help cover in the holidays. Unfair as it is he doesn't have to pay childcare

36londonmum · 23/10/2024 19:08

I’m also quite worried because I don’t think the children are entirely happy when they go to him for those 3 days and I wonder if I should have full custody because of this. Long story… if I do – it’s even more difficult!

OP posts:
36londonmum · 23/10/2024 19:08

Pandasnacks · 23/10/2024 19:07

You don't need a 7 days a week job, but you can work full time. Combination of holiday club and annual leave to help cover in the holidays. Unfair as it is he doesn't have to pay childcare

Yes I do work five days a week, but my salary is small as I’m starting in a new sector. Why doesn’t he have to pay childcare?

OP posts:
oviraptor21 · 23/10/2024 19:09

Childcare support through universal credit? It will depend on your income but you can get up to 85% of your childcare costs back.
Try a benefit calculator.

oviraptor21 · 23/10/2024 19:10

His child maintenance is deemed to contribute towards the childcare on your days. If he needs childcare on his days then he has to pay for it himself.

36londonmum · 23/10/2024 19:10

oviraptor21 · 23/10/2024 19:10

His child maintenance is deemed to contribute towards the childcare on your days. If he needs childcare on his days then he has to pay for it himself.

What happens if I have full custody eventually?

OP posts:
Pandasnacks · 23/10/2024 19:11

He just doesn't, I don't agree with it but the law only states CMS. If you are on a low income can you claim universal credit to help with the childcare costs?

SophiaJ8 · 23/10/2024 19:11

Holiday club and annual leave, as PP has said. This is the same as families where both parents work.

Find out if you’re entitled to help towards childcare costs, as another PP has said. He doesn’t have to pay childcare as CMS is all the NRP has to pay legally.

SophiaJ8 · 23/10/2024 19:12

36londonmum · 23/10/2024 19:10

What happens if I have full custody eventually?

The CMS amount would rise very slightly. You can work it out on the CMS calculator.

Nothing would change childcare-wise

36londonmum · 23/10/2024 19:16

Thank you everyone!

OP posts:
36londonmum · 23/10/2024 19:16

Also, if he has the capacity to let me keep the house, surely that should be enforced?

OP posts:
Quitelikeit · 23/10/2024 19:20

Have you been on the universal credit calculator?

There is a very generous child care subsidy and you ought to look at it today

As I understand you can get help unless you earn over 100k

Someone might know better than me though on that front!

Also there maybe childcare vouchers? Not sure if they still exist

Are you getting any state help at the moment with childcare costs?

Quitelikeit · 23/10/2024 19:21

It can be enforced if you and the children would be homeless without keeping it

You need a lawyer

Pandasnacks · 23/10/2024 19:21

36londonmum · 23/10/2024 19:16

Also, if he has the capacity to let me keep the house, surely that should be enforced?

That has to be dealt with by your divorce lawyers

YourSnugHazelTraybake · 23/10/2024 19:21

36londonmum · 23/10/2024 19:16

Also, if he has the capacity to let me keep the house, surely that should be enforced?

No. If you're separated then you're responsible for housing yourself, as is he. If the house was jointly owned or you were married then you can buy him out, he can buy you out, or the house will be sold and you'll each get a share of any equity. The amounts will depend on many factors.

SophiaJ8 · 23/10/2024 19:22

36londonmum · 23/10/2024 19:16

Also, if he has the capacity to let me keep the house, surely that should be enforced?

Very unlikely, even if you were married.

Snorlaxo · 23/10/2024 19:25

He probably asks for 3/14 days because he doesn’t want to pay for childcare.

Pp are right - he only has to pay CMS and any costs when he has them. For example if he takes them to McDonalds while looking after them then he has to pay that cost.

The house - he doesn’t have to give you the house. Can you afford the mortgage payments on your own ? If you can then buying him out (offering him 50% of the equity) is the only way that you’ll be able to stay. I’m guessing that the mortgage company might not give you a mortgage in just your name if your income is low.

36londonmum · 23/10/2024 19:39

Quitelikeit · 23/10/2024 19:20

Have you been on the universal credit calculator?

There is a very generous child care subsidy and you ought to look at it today

As I understand you can get help unless you earn over 100k

Someone might know better than me though on that front!

Also there maybe childcare vouchers? Not sure if they still exist

Are you getting any state help at the moment with childcare costs?

This is really helpful thanks

OP posts:
36londonmum · 23/10/2024 19:40

Snorlaxo · 23/10/2024 19:25

He probably asks for 3/14 days because he doesn’t want to pay for childcare.

Pp are right - he only has to pay CMS and any costs when he has them. For example if he takes them to McDonalds while looking after them then he has to pay that cost.

The house - he doesn’t have to give you the house. Can you afford the mortgage payments on your own ? If you can then buying him out (offering him 50% of the equity) is the only way that you’ll be able to stay. I’m guessing that the mortgage company might not give you a mortgage in just your name if your income is low.

If we split the house I wouldn’t be able to properly house me and the kids… he has a lot of non marital money and could buy whatever he wanted

OP posts:
AgileGreenSeal · 23/10/2024 19:46

36londonmum · 23/10/2024 19:10

What happens if I have full custody eventually?

It’s extremely unlikely that a court wouldn’t let him have any contact.