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[Solved] Maintenance when there is joint custody

 
(@Wazmack)
Active Member Registered

Hi, looking for some advice. My wife left me over 18 months ago after she had an affair. I bought her out of the house and we have 50-50 custody of our 15 yr old daughter. I drew up a separation agreement dividing assets etc and pay her £350 per month maintenance ( used the gov calculator to get to that figure) , in addition to this I also pay 50% of her dance school fees and 50% of school uniform and any other school items, so approx another £100 per month. I also buy daughter clothes etc when needed. A friend recently mentioned that as we share custody 50-50 I should not pay maintenance, is this correct? My ex wife is in full time employment as a teacher earning circa £45k and is in receipt of child benefit for our daughter, my earnings are double my ex's. Many thanks

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Topic starter Posted : 25/09/2017 1:33 pm
Yoda
 Yoda
(@yoda)
Famed Member

Hi

Why don't you use the CMS calculator to work out any liability.

Usually, 50/50 would mean that there isn't much liability, if any, either way, but the calculator should help

https://www.cmoptions.org/en/calculator/calculator.asp

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Posted : 25/09/2017 5:59 pm
Wazmack and Wazmack reacted
Child Maintenance Consultant
(@Child Maintenance Consultant)
Noble Member Registered

Hello Wazmack

From what you have written it sounds like you have a family-based arrangement in place for your child maintenance payments. As family-based arrangements are not legally enforceable and there are no strict rules or formulas to stick to when calculating maintenance payments, it would be between you and your ex-wife to discuss and negotiate your child maintenance.

The Child Maintenance Options website has a useful tools and guides section that you and your ex-wife may find helpful when trying to negotiate their family-based arrangement. These can be found at http://www.cmoptions.org.

If an application were made to the Government’s statutory the Child Maintenance Service, you are legally responsible only for the amount worked out by the Child Maintenance Service and are not obliged to pay for anything extra, unless you wish to do so.

The Child Maintenance Service takes shared care into account in different ways depending on the paying parent’s child maintenance rate. Shared care applies if the paying parent provides overnight care for at least 52 nights per year before a liability will be reduced. This is based on the agreement with the receiving parent and or evidence. Shared care is usually determined over a twelve month basis, but shorter periods can be considered in appropriate cases.

If the paying parent can prove that they carry out an equal amount of day-to-day care as well as having equal shared care then the Child Maintenance Service regards neither parent to be the paying parent so their child maintenance would be set as nil – even if one parent receives Child Benefit or tax credits as the child’s parent. Where there is equal day to day care, and there is no paying parent means that there cannot be a statutory case and the Child maintenance Service would not being able to process the application as there is no identifiable paying parent.

For more information on all the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website.

The DWP have a sorting out separation website that you may find useful. It offers help and support to separating and separated families. The link is: https://www.sortingoutseparation.org.uk/.

Regards

William

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Posted : 25/09/2017 6:09 pm
Wazmack and Wazmack reacted
(@Wazmack)
Active Member Registered

Thanks for the advice William

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Topic starter Posted : 03/10/2017 4:54 pm
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