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Child support?

10 replies

Lissy332 · 08/08/2024 06:53

If my husband has our child half of the time does he not have to pay child support?

our daughter is looked after by my mother from 8 - 2 and then his mother from 2-4:30. These are the hours he works mon - Thursday. He is saying he will have her 50% of the time but is the time
our daughter is with his mother classed as his time? thanks

OP posts:
penguinonmybag · 08/08/2024 06:56

It's 50% of overnights for no maintenance

BananaLambo · 08/08/2024 07:00

If you have your mother looking after your daughter on ‘your’ time, then clearly he can have his mother looking after he on ‘his’ time?

I can’t comment on child support but I suspect that unless there is a large disparity in salaries 50/50 care would mean no child support since you are equally responsible for care.

Lissy332 · 08/08/2024 07:03

BananaLambo · 08/08/2024 07:00

If you have your mother looking after your daughter on ‘your’ time, then clearly he can have his mother looking after he on ‘his’ time?

I can’t comment on child support but I suspect that unless there is a large disparity in salaries 50/50 care would mean no child support since you are equally responsible for care.

Agreed but my mum has her for longer in the day so that’s what i was wondering.

OP posts:
Meadowfinch · 08/08/2024 07:11

Your ex would have to care for your dd 7 over-nights out of 14 to be able to avoid child support.

When I split from my ex, he immediately said he wanted 50:50, that he'd never pay me a penny etc etc.

So I left ds with him for a long weekend. Ex missed out on seeing his mates, missed his regular Saturday morning tennis, couldn't go to the pub, had to get up at night, had to change dirty nappies, had to feed ds who was at the stage when throwing apple puree was fun. Then he had to clean up. He had to cope with ds screaming in the supermarket. He had to put a child seat in his precious Jag.

He also realised that leaving for work at 7am wouldn't work, and getting home at 9pm wouldn't work unless he employed a full time nanny. He was too mean for that. Child support was cheaper.

After that long weekend, he never mentioned 50:50 again. 😁

TipsyJoker · 08/08/2024 07:13

It doesn’t matter who’s actually looking after them during each parents time, it’s their time and they ah e had to arrange appropriate childcare. It goes by overnight stays. So if he Bly has them during the day or one or two nights a week, then he would have to pay child maintenance. Just to say that the CMS is absolutely rubbish and is known for not chasing these men up and making them pay a pittance too. Go to the website and check what you’re entitled to.

https://www.gov.uk/calculate-child-maintenance

Calculate your child maintenance

Use this calculator to work out an amount of child maintenance for your children.

https://www.gov.uk/calculate-child-maintenance

SpringleDingle · 08/08/2024 07:20

Doesn’t matter about daytime the calculation uses overnights. 50:50 means 15 out of 30 nights a month the kid is with him and kid is with you the other 15.

Overthebow · 08/08/2024 08:25

Does he have her 50% of the nights?

Northernlights100 · 08/08/2024 08:32

If you go to court they do look at more but if you just base it on the CMS calculator, which is most common as court cost so much, then it’s just based on overnight stays.

KhakiShaker · 08/08/2024 10:21

If you have 50/50 overnight stays then no maintenance due.

Some Parents try and claim maintenance anyway if they are in receipt of child benefit, as CMS say this means the are the ‘resident parent’. However this can be easily countered by the other parent, who can argue that there is no ‘resident parent’ in a 50/50 custody arrangement. That’s when it comes down to who has the child more during the day. In your case, your mum having DC would work against you, as it’s not YOU incurring the expense of caring for your DC. They would also take into account who buys essentials for the child, who funds and facilitates extra curricular activities, who takes them to GP/dentist etc. All this would be used to determine if a ‘resident parent’ exists or if it was a truly 50/50 arrangement.

Recently done a lot of research into this as my partner has 50/50 and we have been discussing what to do about the maintenance.

Yours and his salaries are not taken into account when they decide if maintenance is due. Only to decide the amount (if it’s deemed to be due).

Unexpectedlysinglemum · 08/08/2024 23:18

Meadowfinch · 08/08/2024 07:11

Your ex would have to care for your dd 7 over-nights out of 14 to be able to avoid child support.

When I split from my ex, he immediately said he wanted 50:50, that he'd never pay me a penny etc etc.

So I left ds with him for a long weekend. Ex missed out on seeing his mates, missed his regular Saturday morning tennis, couldn't go to the pub, had to get up at night, had to change dirty nappies, had to feed ds who was at the stage when throwing apple puree was fun. Then he had to clean up. He had to cope with ds screaming in the supermarket. He had to put a child seat in his precious Jag.

He also realised that leaving for work at 7am wouldn't work, and getting home at 9pm wouldn't work unless he employed a full time nanny. He was too mean for that. Child support was cheaper.

After that long weekend, he never mentioned 50:50 again. 😁

This works if they haven't found a new girlfriend who is desperate to prove how kind and loving she is unlike the crazy ex! The new gf will do the childcare for free. Or sometimes his mother will.

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