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Original poster

Maintenance query

22 replies

Justme1981 · 19/08/2018 10:15

Hi any family legal people around?
Ive emailed my solicitor but this is bugging me so wondered if anyone can give me a bit of a clue?
Background married 1 dc, i earn more than h. Hoping to get separation sorted (dont ask long story) ive checked cms website i would need to pay h approx £40 per week child maintenance. I currently pay 225 childcare vouchers from my pay, im happy to continue ds has 2x 1/2 days in nursery which he loves. If i stopped the vouchers h would not pay for nursery on his days. Would this change maintenance payments? Also would i have to pay spousal maintenance? ( i earn 2000 pcm after tax he takes home 1100)
Thank you if you read & made sense of that! Basically im worried i cant afford to separate ( i have 15000 in debt which is joint but h doesnt see it that way)

Thanks again

OP posts:
Lookatyourwatchnow · 19/08/2018 10:25

But would you need to pay maintenance? Will your child be mainly in your XH's care?

Original poster
Justme1981 · 19/08/2018 10:28

Hi it would be 50/50 care so yes i would have to pay child maintenance according to cms calculator

OP posts:
RedHelenB · 19/08/2018 10:33

Seems a silly amount to argue about. Does the childcare allow your dh to work or is it just for your days at work?

Original poster
Justme1981 · 19/08/2018 10:37

Hi
Its only silly if you have plenty to live off!! Thats really unhelpful, i just wanted some guidance so im clear on my situation.
From all outgoings i would have 40 pw for food & nappies etc. So every little helps!! The nursery is for ds benefit, 1 x 1/2 day with h 1 x1/2 day with me (i work during that time, h uses it as a break).

OP posts:
Thatsfuckingshit · 19/08/2018 10:39

If you are paying maintenance, don't pay for childcare for when he has the child.

5Makes9 · 19/08/2018 10:41

If it’s exactly 50/50 maintenance is not due. The calculator doesn’t show this correctly.

Original poster
Justme1981 · 19/08/2018 10:43

That's interesting, thank you 5makes9

OP posts:
SummerStrong · 19/08/2018 10:48

I thought for 50/50 then no maintenance is paid?

I wouldn't pay for nursery on his days, can you move the days to both fall on the days you work?

If Ex wants a 'break' he can pay for nursery himself.

Original poster
Justme1981 · 19/08/2018 10:53

Thank you, to be honest id be happy paying for nursery time on h days as ds loves it & i know h would just stop it. Its good to hear that if 50/50 no maintenance is due i thought i had to pay it as i earn much more than h?
Thank you all

OP posts:
5Makes9 · 19/08/2018 11:05

Your H should check the tax credit calc to see if he’d get childcare help.

Livinglavidal0ca · 19/08/2018 11:10

No offence intended but you don’t earn a lot more than H, not by much anyway. And you don’t have a high salary yourself so I wouldn’t worry about spousal maintenance, that hardly exists now anyway. And no maintenance is due if it’s 50/50 care. You wouldn’t even have to pay for nursery on H days although makes more sense for one person to do so, if anything he would be giving you money!

Original poster
Justme1981 · 19/08/2018 11:20

Thank you so much - no offence taken at all!! Thats really helpful Livinglavidal0ca & very much appreciated

OP posts:
Melliegrantfirstlady · 19/08/2018 11:32

It is highly unlikely you’d have to pay your husband anything from your salary in the form of spousal maintenance.

Be very careful giving your husband 50% custody. Your son will eventually start school and naturally one of you will end up doing more than 50%, your son could end up in the main care of his father and as a mother I’m not sure how you’d feel if your own child didn’t live with you? Or how your child would feel if you had more children but he didn’t live with you?

Because your dh only earns 1100 he may be able to claim tax credits or childcare tax credits plus you need to decide who gets the child benefit

RedHelenB · 19/08/2018 11:50

But who has the baby the rest of the time you work?

Original poster
Justme1981 · 19/08/2018 12:00

I know Melliegrantfirstlady thats my main worry, but ive been advised to expect 50/50 it would be h mon am to thurs pm then me thurs pm to mon am as this fits both our working patterns. I am VERY worried that ds would end up living with h esp when he gets to school not sure what i can do about that?? Obvs i would prefer for ds to live with me.
RedHelenB h has ds whilst im at work, i have him when he works (we have zero time together as a family unless i take time off work h always says his leave is declined)

OP posts:
RedHelenB · 19/08/2018 12:11

Not being funny but what is the need for the split if you barely see your husband anyway? Would it nother email easier to maybe wait until they are school aged?

Original poster
Justme1981 · 19/08/2018 12:27

Because he makes me miserable, many reasons, we rarely kiss let alone have sex, i'd like to be happy again one day.
I cant imagine it would be any easier to split in a few years.

OP posts:
titchy · 19/08/2018 12:39

That's not 50/50. Thats 4 nights with you, 3 with him, making you the parent dc lives with and therefore you can get maintenance. Not much, but it all helps.

Original poster
Justme1981 · 19/08/2018 17:29

Thank you i wouldnt pursue him for maintenance but would be very happy if i dont have to pay any!

OP posts:
Userplusnumbers · 19/08/2018 17:31

Not being funny but what is the need for the split if you barely see your husband anyway? Would it nother email easier to maybe wait until they are school aged?

ODFOD

Sinkingswimmer · 19/08/2018 17:40

When I consulted a solicitor earlier this year I was advised that any child maintenance due depends on how the child's time is split between their parents. spends the time with. The person who has the child with them most would not pay maintenance regardless of earnings. And vice versa. In a 50/50 situation no maintenance is due from either parent.
Seek legal advice for your situation before agreeing to anything

RedHelenB · 19/08/2018 17:43

What I meant was the childcare costs woukd be less. People do live separate lives within marriage sometimes.

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