Me & my ex of 2yrs have 2 kids 13 & 4, oldest stays with 6 nights & youngest with her 6nights. I think we both earn roughly the same her maybe a little more, now my question is who pays what maintenance or is it nothing need to each???? We have so far managed to keep away from any court process & I hope we don’t need to but this is causing issues any help
I think if
You’re earning the same money and each have one kid living with you and the other kid spends same time with the non resident parent in effect one kid cancels out the exes claim for mainenance as effectively you both in the same position . Maybe depends on ages and if you would qualify as a top up case ,not sure . Might be worth plugging in your Details on the cms calculator on line , that’ll tell you what you’d officially have to Pay the ex and her you ...
For Child maintenance that is for 50/50 shared care then it should be 0. The CMS calculator however only has the option for 3 or more nights a week. Meaning it will calculate you some maintenance to provide to the other parent. This is what I think causes some confusion on who should pay what.
If your ex starts a claim with the CMS and says it is not shared care then you will need a court order that states it is 50/50 for the CMS to believe you.
However you both have one child each, so in theory you could also make a claim against her if this was to happen.