Not paying child support because he has our daughter?

[Nicki3933]

Hi
So my ex boyfriend pays me £60 a week child support through a private agreement (but this is how much the cma calculator recommend based on his wage)

He's just moved back from Switzerland so before now was seeing her around one a month for a couple of days. He's moved back now and announced he would like to have our 2 year old for 2 weeks straight. I'm picking her up on Saturday (the end of the two weeks) He didn't pay me child support last week and hasn't paid me it this week either. I have brought it up to him and he said he doesn't see why he should have to pay it whilst he has her and is buying all her food, milk etc and has gone out and brought her clothes toys etc to keep at his new place so has told me I have no cost's for her during these two weeks therefore he owes me no money.

Is he justified in doing this? I am only annoyed because she is in full-time nursery because I work full-time and don't get any tax credit help with childcare so I have to pay for it all and this money he gives me helps towards it. I still have to pay that in these two weeks despite her not attending to secure her place, I don't have a choice in that. Is he in the wrong or is it logical to not expect it when I don't have her?

2 weeks??

@justhadmyhaircut
Yes? 2 weeks.

Have you explained this to your EX? Seeing as he is insisting on paying for everything for those 2 weeks send him a bill for the nursery fee.

No, he isn't justified. The cms would only allow a reduction of he had her for more than 51 nights a year.

Child support payments (uk) are normally calculated taking into consideration the number of nights a year he has her.

For example based on his earnings of £500 a week and assuming he hasn't any other children living with him.

And having your child less than 52 times a year overnight (equating to once a week on average)

Should be £60 a week to you.

However if he normally doesn't have her over night. Them has her two weeks straight = 14 nights

Providing it is less that the 52 it shouldn't effect the £60 he is meant to pay.

Yes, CMS will reduce if he has her more.

But no, he doesn't get to not pay because he had her two straight weeks. The maintenance is towards providing a house and other stuff for her, and the house still has to be paid for even if she is not there.

Maybe CMS service could confirm that?

Is he planning to have her two weeks of every month?

CMS payments do reduce if he has her a lot; and I don't believe you get much at all if it's an almost 50/50 split.

You can probably review his payments on an online calculator and there will be a reduction if he hits the minimum 52 nights a year. Is he having her 2 weeks every month ? I think you should explain to him about the nursery fees. Also he is not entitled to just not pay you because he has her in his care. Perhaps accept this months arrangement as a one off if he has stocked up on toys and clothes etc, but insist that he should make weekly payments in future or you will have to go through formal arrangement with CMS.