Hi, recently split and my 18 year old, in full time education, is living 100% of the time with his mother and my 16 year old, also in full time education, is living 100% of the time with me. Does anyone know if this just neutralises the child maintenance payments made to each party or does it then become dependent on salary for example? I earn about 5 times more than the mother?
Any advice would be appreciated as the .Gov calculator doesn't cover this scenario! Thanks
Hi,
Do you have a private arrangement to pay maintenance? If so you could try to mutually agree to cancel out the payments. If its with CMS they will likely want you to keep paying maintenance for child that lives with mother. If that child is staying with you for 50% of the year, they would give you a big reduction but still have to pay. You could open a claim, for her to pay maintenance to you for child that lives with you.
@bill337 thanks for the reply. Yes we have a private arrangement but now one of the children wants to move back with me 100% of the time so no days with the mother. The other child will spend no days with me - it's all quite sad but it's what they want and suits their needs. I don't think she would agree to anything that isn't output by the .gov calculator or document by the CMS so I think we will end up going down that route.
CMS would assess separately based on salary, so chances are you would be paying more to your ex than she is to you. However, your 18 year old will soon be out of education, and certainly when he reaches 20, you are no longer liable for maintenance, so that means that your ex will be liable to continue paying you until your 16 year old leaves non advanced education or reaches age 20