[Solved] 50/50 split

hi,

are you paying maintenance through CMS or private arrangement?

do you have a court order or a separation agreement, that mentions 50/50 care? if you both have equal day-to-day care then you should not be paying maintenance.

Hi

It’s threw private arrangement .

I have nothing wrote down on the separation agreement . Is this something I should look into it ?

Thanks

hi,

problem is if you stop paying maintenance, your ex can contact Child maintenance service and make a claim. as you don't have a court order or separation agreement about 50/50, then CMS will make you pay maintenance unless you have evidence of equal 50/50 care.

Thanks bill

What would you suggest is my best plan of attack

If i was in your shoes i would just pay the 30 pounds a week and enjoy the 1 day off 1 day on arrangement you have with your ex. you dont want to be exploring any other ways as it will prove very expensive. You will look back on it and wish you just stuck to paying 30 pounds a week in long run

Hi,

Although you think it is unfair and it may be, is £30 per week affordable? If not could you have a reasonable conversation and reduce it slightly to maybe £20 or £25 per week (not too low that your ex kicks off).

If you attempt to stop payments your ex could stop your contact with your child (you said you don't have an order so this would be easy for her to do). It will then cost you a significant amount of time and potentially money to resolve and get back to what you currently have if not less contact in future.

As Warwickshire1 says it is best to maintain it after all it's money for the kids and any other options are risky/costly. At the moment you are paying £1,500 a year, you could easily pay more than this just for solicitors/barristers initial appointments etc.

Worst case scenario your ex could stop contact and go to the CMS who would potentially (depending on your income) make you pay more than £30 per week as you would not have any contact or overnight access.

yes it can get very messy for you if it goes to cms. ex could still allow you to see kids, but tell CMS you don't have them overnight. if you dispute that, CMS will decide you have kids for 1 night a week and that way you pay more maintenance. and until you have evidence to prove otherwise, nothing will change.