Child maintenance 50/50 query

[JayneB87]

Hi, I'm separating from my husband. He's moving out of family home and wants care of our 2 girls equally. I suspect this is to avoid paying me any maintenance. Do anyone understand the rules around this? I have always done all of the housework e.g. cleaning, washing, shopping and organised the children's schooling /childcare. I have also always had responsibility of managing finances. I work 11 hours a day and my husband works from home and therefore takes children to school and collects them from after school club. This is out of convenience rather than necessity. I could adapt my hours so that I could take them/ collect. He earns a lot more than I do but has told.me he won't be giving me anything.

I can’t see any reason why he wouldn’t be awarded 50/50.

50/50 would mean half of the overnights as well, so 7 out of 14 in a 2 week period. He wouldn't be able to claim he was doing half by doing drop offs and pickups.

But if he does want equal care then he's correct in that he wouldn't need to pay you anything. That being said he would be responsible for all childcare, food, clothing, club costs incurred during his time while you are responsible during yours

This seems like a reasonable suggestion.

Is the house not going to be sold and proceeds split 50/50?

I have always done all of the housework e.g. cleaning, washing, shopping and organised the children's schooling /childcare. I have also always had responsibility of managing finances.

None if this is relevant if you go to court btw.

If you both live locally he will more than likely win 50/50.

With 50/50 there is no maintaince

You will manage your finances. He manages his.

People should really look into what separating entails before they do it (even before they marry/give up work to be a SAHP etc). I’ve known so many women who assumed they’d be able to stay in the house, remain working part-time/not at all, and receive large maintenance payments from their ex to keep them and the DC living as they’ve been accustomed.

It’s very different now; those are the divorces of 30 years ago.

Why do you think they shouldn’t spend half their time with their dad?

You work 11 hours every day, or 11 hour shifts, or does the 11 hours include a commute?

How old are your daughters? It sounds like you would both surely have to adjust your working hours... what about school holidays and so on? So you work 11 hour shifts OP?

I believe you can claim spouses maintenance as my ex tried to claim this from me. He never got it as he never even got the kids overnight due to unsuitable living conditions, this was 15 years ago.

If there is a large disparity in income then he may need to pay cm even if he is doing 50/50. Worth checking on the calculator.

He's likely to get 50/50 based on what you have said. There doesn't seem to a reason why not. As hard as it is you need to think of what's best for the kids. Being with their dad half of the time may work out well for you all 😊

I've just done a quick calculation. Based on your partner earning 100k a year with two children with 50/50 you would expect 500 a month in payment.

I believe that he could do a similar calculation with you as a payer but as you earn less it would cancel out and you would still get a payment.

This isn’t true.

From the first page of the child maintenance calculator:

You will not have anything to pay through the Child Maintenance Service if you are:

• sharing care equally with the other parent
• a full-time student with no income
• in prison

If your ex is a very high earner, over £650k, it’d be worth going to court.

Perfectly reasonable that a father wants to see his own children for 50% of the time.

Your post comes across that you don’t want it so you’ll be in receipt of more child maintenance.

Lots of men who say they want 50/50 ( looking at you exSIL) don’t fully realise the implications- 50% of nights , 50% taking to appointments etc plus supplying clothes , paying for clubs during his time etc .

And lots manage just fine. This particular DF already does all the school runs and is at home more than the DM. Massively sexist to assume that the only reason men want to see their children equally is for money.

But in this case, the case the thread is about, the man said exactly that. She wont get a penny.

If he already does the school runs, and wants 50/50 then he’ll probably be blue to get it, and why shouldn’t he? He wouldn’t need to pay you child maintenance as it’s 50/50.

That still does not mean that is his motive for having his own children, as some as so quick to assume

@Luckydog7 Is correct. 50/50 doesn't necessarily mean no CM. We share 50/50 but I get a small amount of CM via CMS. I live in school catchment area which is more pricey. I do optician, dentist etc. The costs are never equally split, and although we have done it for more than a decade, shared care isn't always easy when they don't have a base as such.

@horrayforharoldlloyd I would love to read a thread on 50/50. I bet its absolutely hell for some parents especially if one is earning significantly more than the other. Who buys the kids clothes? School uniforms? Shoes and trainers?

If they’re each having the kids 50/50, she doesn’t need a penny. They are both responsible for maintaining their own household.

I do wish people would fa t check before posting

Op you need to look at a maintenance calculator, 50/50 does not automatically mean you wouldn't get maintenance.

Dd's dad and I had 50/50 until his work pattern altered in the summer. Due to the disparity on our earnings he still had to pay me maintenance of around £400/month. I don't "need" it so we agreed on a lower amount and he would also pick up 50% of all school & activities related costs.

Get proper advice please!!!

He spends more time with the kids now, so 50/50 sounds fair and may not be purely financially motivated.