I'm not sure if this is the right place to post - apologies if somewhere else would have been more appropriate.
OH left my son and me 3 weeks ago. I have tried extremely hard to keep things as amicable as they can be regarding maintenance and access arrangements, particularly avoiding using the cms.
Here is my problem: DS is currently in part time childcare, term time only. We currently receive childcare vouchers towards the childcare costs through Ex OH work, the rest we top up.
He has agreed to keep paying for the childcare using the vouchers. The money for the vouchers is taken from his account every month for 12 months of the year. As DS is only in childcare for 39 weeks of the year, there are 13 weeks where the vouchers are not used. As I understood it, if the vouchers are not used they accumulate and when childcare is no longer needed, the account is essentially in credit. I have called the voucher company themselves who confirmed this.
This means that during all school holidays, my child will not be receiving any maintenance. Ex does not seem to understand this.
The childcare vouchers do amount to slightly more than he would be obliged to pay through maintenance (15%) and I have told him I understand this, but this still leaves me in a situation where I am not receiving any money for 13 weeks of the year. As far as I can calculate, through the vouchers not being used completely, he will be paying less than is required over the year.
He is able to claim back the vouchers (which will be taxed) through his salary when child care is no longer required. (18 months time)
What do I do? I hope I have explained this properly.