[Solved] This is how I stopped Child Maintenance with 50/50 shared care
I have a 6 year old daughter and my wife left me 2 years ago because she just didn't love me. I was 50/50 share with my daughter for 18months and didn't pay a penny in maintenance as I would go halves on everything. Only 4 months ago my ex decided I could only have my daughter when she worked (2nights out of 5) and wanted £150 off me. 2 months later I got my 50/50 back but she still wants the money as she says she is struggling. Do I have to pay?
if its equal 50/50 care then no you shouldn't have to pay maintenance. do you have anything in writing of this agreement? as problem is if she contacts child maintenance, they will likely ask you to pay, and you would need to show evidence of 50/50 care, like a court order.
I'm interested to know those that got 50 50 shared care, was there ex in agreement of this, or did the judge order it?
I'm in the same position.
Equal shared care (currently via Consent Order but that's been sent to the Court to ratify via a Final Order).
Spoke to CMS yesterday but they simply would not accept the reality as the CB gets paid to the ex.
I have written to them last night quoting the legislation noted in the OP's post and asking for the case to be closed.
Why do they think they can take liberties like this?
How many nights of having the child per week is considered 50/50 to stop payments? As there's 7 days a week how do you do a 50/50 split?
@Vik2001 hi. For me CAFCASS saved me. Ex solicitor rang me before hearing and said ex wanted 5 days and me weekends.
When went to court. CAFCASS opened up with saying "the current 50/50 care is working well for child and should remain".
Judge basically said she is going with CAFCASS report.
Ex didn't challenge it after the CAFCASS official spoke.
I'm in a 50/50 situation. I pay maintenance on top of this of around £135 (worked out via the calculator on the website). I've no idea if i should pay it or not, in fact the only thing that suggests to me that i should is because his official adress is at his mums. I should add that i also pay for additional things on top which she refuses to (such as school shoes) and she also asks for small top ups on top such as half his monthly mobile phone etc. He is 12.
I'm thinking of kicking up a fuss now. It's been going on a long time.
I applied for "shared care" through the CMS website a few weeks ago, and have today logged into the site to see that it has been rejected. At the time of applying I uploaded a letter stating:
- I will be having the children overnight 183 times this year whilst my ex will have them 182 (just the way it falls, but it is a fact).
- I am the main point of contact for the children’s school and have had to collect them due to illness on two occasions since my ex and I split. She is unable to collect them during school hours so I would always do this.
- The only time they have visited a medical establishment since we split, I took them.
- I drop the children at school and collect them from school more than my ex does, because she uses child care (non registered).
- Because my ex is a teacher, I have taken time off work on several occasions (and will continue to do so) to look after the children on Teacher Training days.
- I have made a higher monetary contribution to the children’s school uniform. I have also paid for school trips and special dinners (such as at Christmas).
- The children have access to their own bedrooms, clothing, books, toys and games, games consoles etc at my house.
- The children do the majority of their homework when they stay with me.
- My ex earns more than me.
- My ex has refused to enter into the mediation process to discuss child care or financial matters. I have attended a MIAM session.
Further to the above points sent to the CMS, my ex is living in OUR house, which she is refusing to sell. She is of course receiving child benefit, because she refuses to allow me to do so, which may be the reasoning behind the rejection. To say this is an infuriating process is an understatement, as you are all aware!
I'll await the letter that it states they have sent out to me (it's not online for some reason) explaining the rejection and will take the previous information on board, but I do have a question as to whether I should pay the first installment, which is due tomorrow (1st Feb). As I'm sure you will understand, paying it would be very much through gritted teeth, but I wouldn't want non payment to go against me down the line.