Child maintenance payments

[Cakequeen1988]

My ex husband has been paying £300 a month child maintenance direct to me. He has now stopped saying he doesn’t have to pay. We have 50:50 shared care but in reality this is 50:50 overnight and any school holidays I do the vast majority of days.

He says he has the right to not pay, is this correct? I’m terrified about losing this money. I now have £100 to last until the end of the month after bills not including food

If you can’t agree on finances then I’d suggest going through CSA or lawyers to draw up an agreement of days/ dates.

Our nights we have the kids is very structured and I’m fine with that (would have them more if I could) but he doesn’t do half of holidays. I think I will contact the CSA

Its whether he has them overnight that counts not if he has them in the day.

Regardless even if he has them 50/50 he may still owe you money.

Before going off at him again go on the CMS calculator, work out how many overnights he has them a year and put in what he earns then see what figures it throws out.

If it works out he doesn't owe you money then try to make his 50/50 include some of the day.

You know him so you need to work out whether being sneaky, using the children or asking him directly to have them for more hours in the day will work.

Its only nights that count not days so if he is having 50% of the nights he is legally correct

If he is a high earner and does 50/50 he still might have to pay you. It's night that count not days

50/50 overnight care is different to 50/50 day to day care.

If he has just 50/50 overnight he would be liable for maintenance, with a reduction for overnight stays. If he has 50/50 day to day care, he would not need to pay maintenance.

However this means that he would have to be having them during the holidays and caring for them if they are ill from school on his 'time'. Basically his care for the children would need to be equal to the care you provide. Try to discuss it with him, but if he is not willing to provide equal care, then I would approach opening a case and they will decide whether you have a claim

Only the nights are taken into consideration. So if he has 50.50 of the nights he doesn't have to pay