Child maintenance

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  • #19835 Report

    R2D2
    Participant

    Hi,

    <span style=”font-size: 16px;”> </span>

    Hi,

    Current I have shared care of my child 50/50 with her mother. It’s only a formal arrangement between us and has been ongoing for about 2 years.

    Recently I received a letter in the post from the child maintenance service about paying child maintenance.  I haven’t responded to the CMS yet but I wasn’t sure if I had to pay child maintenance especially if we share the care 50/50, any advice will be helpful.

    <span style=”font-size: 16px;”> </span>

    Regards

    Patrick

    #19840 Report

    R2D2
    Participant

    Mum does cliam child benefit, however,  we literally share the care 50/50 throughout the year including holidays, when I’m parenting I cover the costs, and vice versa.

    Finances has never ever been discussed as it’s never been an issue. I have my own clothes, toys, etc and so does her mother.

    This was done behind my back and without prior discussion or communication.

    So I’m taking it, she’s well within her rights to make cliam? If that’s the case, can I also make a cliam?

    Thank you for your feedback, it’s very much appreciated.

     

    #19868 Report

    R2D2
    Participant

    I’m not sure about her financial situation, it’s never been discussed.

    I would rather not go down the court route, but may need to to get my voice heard.

    I will speak to her and request the rationale for current stance.

    I really appreciate the time you’ve taken to write to me.

    #20001 Report

    Rainbow1
    Participant

    From what I have been reading advised recently (currently going thru separation) the one who earns the least gets the benefits. I can also see that there is a difference between shared care and equal care. I am fighting for equal care which means I have to spend exactly the same amount of time with the children. If it’s equal care you do not have to pay maintainace. If it’s shared care you do, even if u have them half of the 365 days a year.

    hope that helps

    #20003 Report

    R2D2
    Participant

    Very useful, thank you

    #20093 Report

    Traveller123
    Participant

    If shared care is exactly 50:50 then there is no child maintenance payable at all according to the Legal profession.  Wrong in my view if one parent earns a lot more than the other, but that is the current legislation.  As for Child Benefit it would seem fair that it is paid to the lower earning parent.

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