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Who pays for nursery now we're seperated?

2 replies

Mummyof2girlsAA · 03/02/2020 15:54

My ex partner and I separated earlier in the year and agreed a childcare arrangement based on his shift pattern to be reviewed in the future.

On reviewing, things have turned sour and we're now looking to go to mediation to look for a resolve. He now wants to see the children more often (not a bad problem to have, I know), but I don't think it's in their interest. The additional days he wants to have them is when they are in nursery which I pay for.

Am I right in thinking that if he wants them to be in nursery on his days that this isn't covered under his maintenance payments to me?

The reason I ask is because over half term he has told me in no uncertain terms that I am responsible for finding and paying for childcare on 'my days', and he will sort out his days. My argument is that I am paying to cover his childcare days, whereas on the days I am at work I need to then fork out again to cover my days too.

Any help would be really appreciated!

OP posts:
flirtygirl · 03/02/2020 18:00

Either 50 50 based on both of your work days that need covering or you both pay for your own work days.

You should not pay for nursery on days that you would not normally need to pay for.

Also if you have them equal time then no one pays maintenance.

If you have them 60 40 or similar then maintenance may need to be adjusted. However whatever you decide, keep maintenance separate from childcare.

Toastytoes1 · 03/02/2020 18:02

Well that all really depends on multiple factors. Should the maintenance he is currently paying you be decreased slightly anyway if he’s having the children more of the time? Who set up and agreed the maintenance amount between you in the first place and what was the understanding about what this would cover? Does the maintenance amount already cover the childcare? And if so, how much of it? Some, most, all?
Maintenance is not money for you, its money for the children so if he’s paying a fair amount of maintenance already in such a way that it has been working so far (i.e. you both agreed it was a fair amount that covered the children’s needs) then I don’t see why he should have to pay you the same amount plus extra for his day’s childcare when actually the amount you need to ‘maintain’ the children would actually be less by him having the children more often. If the maintenance money he’s paying already covers his fair share of the childcare bill then whether the children are in his primary care or yours on that day shouldn’t make a difference.
However if the maintenance was not worked out fairly and does not include any contribution towards childcare than it is not unreasonable to request a review of that if he wants to change things up but whether he was asking for that or not, if the maintenance is not currently fair than I’d be doing that anyway.

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