Professional vs SAHM and 50/50

[TheFirstSeaMonster]

Ex wants 50/50 custody which is fine although with his working pattern it’s more likely to be 60/40. 2 children. I am a SAHM and I’ll be returning to work in the autumn. Ex has been very calm (too calm!) since I ended our marriage. He wasn’t happy that I’ll be classed as the primary carer and I’ll be getting UC but I would end up in poverty without it and I am the primary carer. Ex husband earns £47000 per year - I’m getting UC plus carers allowance for one child. He keeps saying “as long as we don’t screw each other over” everything will be ok.

He thinks he won’t have to pay CM as we will be 50/50. He wants to keep our child’s mobility car and pay me a part of his mobility payment(not all) and I would get the carers (high rate) DLA.

He seems to think he won’t pay me anything? He feels like he’s been screwed over already as he won’t be on the UC claim anymore and isn’t classed as the primary carer.

Seeking advice please. I want us to remain friendly and civil but I also don’t want to be “screwed over” nor do I want to leave ex broke…

If 50/50 care of children then, no he does not have to pay maintenance.

50 50 you have equal costs. Do you have assets?? Can you get legal advice?

Surely the mobility car should move between the two of you for whoever has DC in their care at that time?

Are you married?

He won’t have to pay cms

also what’s your monthly income when working ? Wages + uc + carers alliance ? Vs his take home

I expect they’re not dissimilar

if it’s actually 60:40 based on number of nights then cms will be due

Do you have assets to split? House? Pensions my savings?

go on cms calculator and it will tell you but even with 50/50 custody you will be entitled to around £240 a month from him.

I’d go and see a solicitor (or CAB to start)

You can oppose 50/50 if you don’t think it’s in the interests of the kids.

It may be a way of getting out of payment from him, so if you think it will be 60/40 then that needs to be formalised as what it is

@treesareforlifenotjustforchristmas not if it’s truly 50:50

i don’t know if other factors come into play like travel costs etc which may change it but even 50/50 some are required by cms to pay an amount. I just checked on cms and for £47000 a year with two children involved is saying just over £240. So it’s worth the OP checking

If it is a true 50/50 split, no child maintenance is due by either party. So OP would not be entitled to anything. Confirms this on the CMS website.

Maintenance can apply on a 50/50 but that's usually in cases of significant income disparity. In your case, it sounds like the difference would not be large.

I agree that the car is your child's not for the parents to fight over. Not what it is intended for!

cms calc does not work for true 50:50 cases.

and while there can be cases where cms might still be awarded in 50:50 case that won’t apply here based on op ex salary

op has a thread on aibu about this too with more responses