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Share care court order

6 replies

Tweeky80 · 18/08/2025 21:01

Hi

My partner has his two children 50/50 share care order- court order. Should he have to pay child maintenance thanks.

OP posts:
Mrsttcno1 · 18/08/2025 21:11

Totally depends on the details, maintenance can be payable even when 50/50 in some cases

Tweeky80 · 18/08/2025 21:32

There was nothing stated in the family court order about child maintenance, just 50/50 shared care order, nor in the financial order
I really dont think it's fair if he does have to pay maintenence, especially when you have the children an equal amount of time. I didn't want anything off my ex when we had shared custody.

OP posts:
Mrsttcno1 · 18/08/2025 21:34

It’s not really about whats in the divorce, she can apply to child maintenance, if she’s entitled to it based on the specifics of their situation she will get it.

What you wanted from your ex is irrelevant here, this is between the two of them. CMS if often paid in 50/50 if there is a big difference in income for example. Nothing you can do, if she’s entitled she will get it.

Collaborate · 19/08/2025 08:21

Mrsttcno1 · 18/08/2025 21:34

It’s not really about whats in the divorce, she can apply to child maintenance, if she’s entitled to it based on the specifics of their situation she will get it.

What you wanted from your ex is irrelevant here, this is between the two of them. CMS if often paid in 50/50 if there is a big difference in income for example. Nothing you can do, if she’s entitled she will get it.

The information contained in this post is wholly incorrect. Child maintenance is not payable due to one parent earning more than the other.

Please don’t guess what the law is and post it as if it were a fact.

If each parent cares equally for the child neither is the absent parent liable to pay maintenance. An equal division of time does not necessarily mean care is shared equally, but that is usually the case.

The fact one parent receives the child benefit is completely irrelevant.

Tweeky80 · 19/08/2025 18:44

In my opinion I just think if you have the children an equal amount of time you shouldn't have to pay child maintenance....

OP posts:
mammat72 · 24/08/2025 02:09

child care/access and child maintenance are classed as two separate issues and yes even if 50/50 child maintenance can be claimed. they would have to take into account any children you have together or that live with you

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