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.
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.
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.