Child maintenance query

[Swimawayyy]

Divorce almost through.
I bought husband out of the house at the end of 2022. My affordability to remortgage was based on him paying £600 per month in child maintenance. This is a figure we both agreed as we are both on good salaries. We have 2 children and I have them 9 nights per fortnight, he has them 5 nights per fortnight. We have not used solicitors at all and agreed everything amicably.

The child maintenance calculator on the gov.uk website calculates he should actually be paying £788 per month, I presume because he is on a good salary. However I am happy to accept £600 as this seems fair and he will continue to pay 50% of uniform costs, school shoes etc.

He is now saying he wants to reduce monthly payments to £300. His reasoning for this is that if we shared custody 50:50 he wouldnt need to pay me anything.

I have been back onto the gov.uk calculator and when I put in his salary, even if I say that he has them 50% of the time, he should still pay £788. Is this right?

If he reduces my payments to £300 per month, I cannot afford the mortgage!

If you do 50/50, he doesn't have to pay anything. If the CMS tries to charge him, he will have to prove the does 50 of care, doctors, etc.

His reasoning for this is that if we shared custody 50:50 he wouldnt need to pay me anything.

Well yes, but you don't share custody 50:50 so I'm not sure why he thinks that's relevant.

But you don't share custody 50/50 so that's irrelevant surely?

Why does the gov.uk calculator still say he would still have to pay though even if we shared 50:50.
I’m basically wondering if I’ve got an argument here or have to simply put up with him reducing payment to £300 per month (so £150 for each child)

Why does the gov.uk calculator still say he would still have to pay though even if we shared 50:50.
I’m basically wondering if I’ve got an argument here or have to simply put up with him reducing payment to £300 per month (so £150 for each child)

But you don't have 50:50, so it doesn't matter. But no, I wouldn't think that calculator is showing correctly if it's saying he must pay £788 with the current arrangement and with 50:50. If it's genuinely 50:50, he wouldn't have to pay anything.

It's not always automatic that 50/50 means zero maintenance if someone is a high earner

It's unlikely, unless he's a very high earner, that it would stay the same, but it's not always the case that 50/50 is a zero award.

Anyway, you're not 50/50 so he's at it OP.

Tell him you'll go to CMS (or court if he earns over their income point) or you'll settle for the £600 (as long as you are happy that that is a fair share - £788 on a CMS calc suggests he's a high earning man, don't sell yourself short).

🤑🤑🤑🤑🤑🤑🤑

It's a bit of a design fault that the calculator will give you a figure owed despite 50/50 but there's the caveat written about the calculator that says no maintenance is owed in this situation.

Do you know how much he earns? Is there a big disparity in your incomes? Maintenance can sometimes be payable in that situation despite 50/50.

If he did do 50/50 he'd need to pay for childcare if needed on his days so that might be cheaper for you?

Very bizarre reply to some basic facts...