50/50 custody and maintance help please

[Mar1984]

So my fiancé has his 2 children 50% of the time (3 nights one week and 4 the next) his ex partner hasn’t worked in 10 years so he could drop the kids to her to take to school on his days and collect again on his way home- because of this they agreed she would have all tax credits and child benefits and he would on top pay her some weekly maintenance.
Ex has now got a full time job and told us we have to pay for 3 days a week childcare (with 2 days notice) and despite finishing before my other half will not collect her kids on them days from childcare even though he finishes too late for any childcare provider. I also work but 12.5 hour shifts that change weekly so I can’t help as if I am not at work I have my own to collect from a different.
Ex will get help from tax credits in relation to childcare based on the total cost and benefits for both children yet we are expected to pay the majority (which we just don’t have) - what the hell
Do we do?

Well, CMS maintenance will be nil, as no maintenance is payable in a truly shared care arrangement, but that would mean that he has to pay for nursery on his days. He can't have it both ways. She shouldn't be claiming tax credits for nursery costs on his days.

My Ex has advised that his Contract is coming to an end in April and that if unemployed person he will not be able to pay either Child Maintenance or Spousal Maintenance. He has suggested that he takes full care of our child aged 11 till he finds another Job. Ex and child will live at Ex's parent's house as they have space.

I am aware that Child Maintenance would be nil if he is not working, but what about the Spousal Maintenance that was court awarded? Ex's view is that blood can't be taken from stones so the Spousal Maintenance will stop regardless of Court Order.

In the past Ex has received good end of Contract Bonuses and so may have capital to live on. I asked how he would be able to care for child if unemployed and he advised that if he was main parent with care he would be entitled to the Child Benefit and Child Tax Credits. That plus JSA and help from his parents ex thinks would be enough.

I am not convinced and think Ex may have a capital sum to live on. Could he be made to pay Spousal Maintenance from his capital?

It’s his job to sort childcare on his days.

(And his job to sort out collecting children from the childcare)

Ex is completely within her rights to start working on your OH contact days. You’re going to have to figure it out.

She shouldn't be getting all the tax credits and family allowance - he should get half, so that will help.

No one should be paying anyone else maintenance any more.

She is refusing to even talk about the benefits but has shown us proof she will be entitled to help. My DH works a rolling shift with 2 days in the week but she won’t allow him to change days and then book childcare the others which would save everyone involved money.we could only afford childcare if she splits the tax credits and if she is saying it’s 50/50 I think it should be split or we claim for 1 and she claims for 1

That's what usually happens when there are two children in shared care (one child on each parent's claim). Apply to the Contributions Agency for child benefit for one child and the rest will follow.