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Original poster

Who is right? Child maintenece

45 replies

violettahatesoperatta · 21/02/2016 10:38

Really scratching my head with this one.

Bare facts. Ex and I share custody 50-50. Two kids; 9 and 7.

He works FT and earns ~£45K

I work PT at 70% and earn ~£22K

The Gov calculator says £46 a week or very roughly £200 a month in payments to me. The Ex disputes that he should be paying anything as we share 50-50. Who is right? I am seriously struggling financially.

OP posts:
Original poster
violettahatesoperatta · 22/02/2016 09:59

But surely WTC is for your half of the week because you earn less, not so he can opt out of paying his share of school stuff?!

A good point. I don't charge him for the fact I can have the kids pretty much full time in the school holidays. It had never even crossed my mind to do that.

OP posts:
everythingsgoingsouth · 22/02/2016 18:58

so you need to workout how many nights A YEAR they are with you both! it definitely won't be 50/50 then.

Original poster
violettahatesoperatta · 22/02/2016 19:14

Right. Good point. No it wont as I did a lot of the summer holidays.

Thank you! Flowers

OP posts:
GreenGoblin0 · 22/02/2016 20:28

you don't "charge him" at all, that's not how it works. As others have suggested you should work out how many nights you each have them per year including over the school holidays and the use the calculator in the cms website however don't expect it to be a lot as he has them for a substantial amount of time. how amicable are things? is it possible just to ask him to contribute more to certain things eg clothes or does he already do that? does he really not have them at all during the school holidays or does he have them his normal days? is the 22k you earn including tax credits or arw the tc on top of this?

Original poster
violettahatesoperatta · 22/02/2016 23:20

Yeah the problem with nights is that isn't really fair. As he will have them for his 'normal' nights but I am doing all the childcare during the school holidays days wise when normally the school would have them. How would that be taken into account?

OP posts:
MuttonCadet · 22/02/2016 23:29

It's worrying how many people don't know how this works. Equally, I could be wrong or out of date, but this is my understanding.

The parent who receives child benefit get maintenance from the other parent. This is reduced for the number of nights that parent has the children as a percentage.

So, if someone had the kids 4 nights a week, but weren't in receipt of child benefit, then they would pay a percentage of their salary, reduced by 4/7th for the time they have the children.

If I'm wrong I'd love to know, because this is the exact situation we are in, plus we cover clothes, holidays, tuition and hobbies.

Original poster
violettahatesoperatta · 22/02/2016 23:48

Well that was my understanding too. And yes, I am the parent in receipt of the CB. Ex refuses to pay.

OP posts:
MuttonCadet · 22/02/2016 23:50

He's wrong, could you go to the CSA? (Or whatever they are calling themselves now).

BunnyTyler · 23/02/2016 00:14

Person in receipt of CB gets maintenance from other parent.
Amount of maintenance is reduced according to how many nights the maintenance payer has the children.

That's the way I understand it to be.
(So ex should be paying you an amount of maintenance).

GreenGoblin0 · 23/02/2016 00:16

see this also
www.childmaintenanceadvice.co.uk/shared-care.shtml

BunnyTyler · 23/02/2016 00:17

It boils down to who covers the most hours though.

MuttonCadet · 23/02/2016 00:18

Thanks green, that's very useful.

We won't stop paying, it wouldn't be fair to the kids, but it does give some leeway should our circumstances change.

GreenGoblin0 · 23/02/2016 00:19

and here www.cmoptions.org/

Maryz · 23/02/2016 00:24

This reply has been deleted

Message withdrawn at poster's request.

GreenGoblin0 · 23/02/2016 00:24

mutton if your case is under pre 2012 rules then it would continue under those rules for now. this explains about old cases being transferred www.citizensadvice.org.uk/relationships/children-and-young-people/child-maintenance/child-maintenance-2012-scheme/child-maintenance-eligibility-and-rules/child-maintenance-what-happens-if-you-re-already-on-the-1993-or-2003-child-support-schemes/

MuttonCadet · 23/02/2016 00:26

Thanks for the info green, as I said, we wouldn't change it anyway, and to be honest I'm a bit worried about what will happen when ESD gets to 18, mum still needs to be able to pay a mortgage and cover food costs when they are with her.

GreenGoblin0 · 23/02/2016 00:27

sorry but again you just don't charge the other parent of your child "childcare rates" for looking after your own child it's not how it works. if op goes down this route it might just backfire. it would be better to work out the number of nights with each parent over the year and present him with the information that he is liable to pay and hopefully they can come to an agreement

Maryz · 23/02/2016 00:36

This reply has been deleted

Message withdrawn at poster's request.

Husbanddoestheironing · 23/02/2016 22:53

Green I don't think anyone is saying that that is the way it actually works, and I'm sure you are right that the official way is done on the number of nights, but, and this is a big but, yet again it comes down to the undervaluing of childcare that many mothers automatically seem to pick up by default. Children don't just evaporate for the day in the holidays. 50/50 should be 50/50 in the holidays too, or extra allowance of maintenance made for this, and IMO any decent parent who cares for their DCs would expect to do this if they are the one carrying less of the load.

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