CMS payments with 50/50 shared care for kids

[MyCandidTiger]

Hi,

My ex and myself are currently going through separation. We have 2 children under 9 and I was a stay at home mum for the past 8 years. Last year I got back into full-time work and this year we are separating.
We want to share custody and time with kids 50/50, which led me to believe I have no entitlement regarding CMS. I ran the CMS calculator and it told me even with 50/50 shared care for the kids he would still need to pay £457 / month.

He earns triple my salary and said: " if his finances allow he can support me". He thinks he doesn't need to pay anything.
I spoke to a family solicitor and they said legally it would not be enforceable for him to pay any CMS if we share 50/50. He said I should reconsider our 50/50 arrangement, which I don't want as it feels unfair to the kids and him. I want my kids to have equal time with both of us but my ex wants to split child costs 50/50 which is not sustainable for me given I earn 3x less.

Was there anyone in a similar situation and how did you solve this?
What's the legal situation here?

What responsibility though, he clearly financially supported you when you were not working. This doesn’t mean he committed to do it for ever more.

Your right I should have said maintenance not specifically CMS

As with hundreds of threads that have gone before, no, it absolutely doesn’t. OP could easily have protected herself. You can’t co-opt people into a legal relationship status unless they actively do it. It’s not hard to do, or expensive.

I’d fight him on the 50/50 tbh.

Well you must have agreed to it.
Being a sahm when not married is madness imho.

Why?

because She’s the main care giver. He’s only pushing for 50:50 because he doesn’t want to pay maintenance.

Doesn’t matter. CMS is based on overnights. If he has half the overnights, there is no main care giver.

There was a thread on here where a mum tried to do this and then the ex made a counter claim for one of the children, who then went to live with dad so op had to pay and lost benefits. Be careful. My ex pays maintenance (I have 90% care) and he doesn’t pay a penny more as he thinks everything should be covered.

It’s been shared already.

Prolongedaffair probably didn't want to be the famous cautionary tale of Mumsnet but to be fair she is playing the role well. She's further up this thread.

Have you not gained any ground in repairing the relationship? I'm sorry. I was so frustrated with you when your post was active but I do hope things get better for you.

To ensure he does not ask for half the money he spends on clothes/ toys etc just say that he buys and keeps everything they need at his.
Like wise you do the same.

I am trying