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Childcare fees

8 replies

BrainWormsWontWin · 17/05/2018 13:07

Help and advice greatly appreciated!

I'm separated from husband, who is defending the divorce (just to be difficult, he's emotionally abusive and controlling) and due to ongoing harassment I'm now filing for child arrangements and a non molestation at the recommendation of my DV worker and family support worker. My ex works full time, standard basic job. I work 16 hours but also have open university which I work around the kids.

I pay all their childcare costs. Ex says it's up to me because I'm facilitating my work. That if he had them full time he'd just get his dad to look after them. Is there any way, legally I can get him to pay his fair share?

For the record he couldn't have them full time, he's still sleeping on the floor in a family members house and has been for 6 months now.

OP posts:
PatasDePopote · 17/05/2018 21:28

Hi,

I don't know the answer to this sorry, but I'm interested in any replies coming from people who do!

Following!

From my perspective if it's "your time" childcare is "yours"?

SpaSushi · 17/05/2018 21:32

Maybe post in Legal or Divorce; I think (?) you can get an interim order for maintenance until divorce finalised but a solicitor could advise

Starlight2345 · 17/05/2018 22:41

You can only get the cms of maintenance . Legally that’s all he has to pay.

NorthernSpirit · 18/05/2018 08:09

Sounds like you’ll be entitled to working tax credits that could pay for 70% of childcare costs. Unfortunately the RP does tend to pay for childcare. He’s only responsible for paying the CMS stated maintenance.

BrainWormsWontWin · 18/05/2018 11:35

Yeah I thought as much. Which is fine but for some reason cms believe his lies so he's paying less than he should! what a guy eh? I wonder why I ever bothered with him! sigh

OP posts:
Starlight2345 · 18/05/2018 13:06

Cms believe any old garbage sadly . Have you told them it is wrong or is he self employed ?

BrainWormsWontWin · 18/05/2018 13:36

I've told them and supplied screenshots of conversations showing how much he has them and earns. Still no joy!

OP posts:
Imchlibob · 18/05/2018 16:30

He should pay maintenance and if you want to spend it on childcare that's your decision. The amount he contributes should be based on his ability to pay, not your choices. If you were in an opposite situation and were going to be a SAHP you wouldn't think it was fair for him to pay less because you didn't need to pay for childcare would you?

Minimum he pays should be 15% of his salary. If he cares for his kids well-being he should choose to give more than that - but whatever amount then gets reduced for whatever percentage of time he is housing feeding and clothing the kids for weekends or whatever.

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