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Hi, I’m separated from my ex-partner and we have a son and a daughter. Our daughter lives with her Mum whilst our son spends alternate weeks with his Mum and myself. We are trying to reach agreement on a family-based maintenance agreement in respect of our daughter but we may end up asking the CM Group for their calculation.
I note that the calculator asks how many children live with the paying parent - would my son be included here even though he alternates between his Mum and his Dad ?
Thanks for any advice...
The rules state that if you have equal care for a child, the maintenance payments are cancelled out. Do you claim child benefit for one child each, or does she claim for both?
If she claims for both children this might be a stumbling block to getting the CMS to accept that you have equal care of your son.
I would do the calculation on one child (your daughter) and to avoid going through the CMS perhaps you could make a slight increase on the amount, or come to agreement about things like school uniform, activities, trips and clothes.
If she claims for both children through the CMS, the calculated amount is all you would be required to pay, so no extras for school uniforms or any other expenses... perhaps this could be your point of negotiation... if she realises that she will not get another penny for any of the extras, if she insists on using the CMS, she might be more agreeable to making a family based arrangement.
Best of luck
I’ve applied for, and been granted, Child Benefit for our son, whilst my ex still receives CHB for our daughter.
We continue to share care and costs 50/50 in respect of our son, and it is only the fact our daughter now lives with her Mum that the question of child maintenance - for her alone - has arisen.
My question is specifically in relation to that calculation for our daughter, as the online calculator asks ‘How many other children live in your household’, and the calculated amount is different depending on the answer.
I.e. would my son’s shared care count as ‘1’ or ‘0’ ?
The calculator is a pretty basic tool, and can't answer any nuances of personal situations.
In my opinion, as you are claiming CB for your son, he would be classed as living with you, therefore I think you would state that there is one child living with you.
Hello Will99
As you are both coming to an amicable agreement for your son's child maintenance payments, you don't really have any strict rules to follow. Many parents choose to sort out their maintenance between themselves as it can be the quickest and easiest way of setting up a maintenance agreement. Although family-based arrangements are not legally binding, they are very flexible and can be easily changed.
If you do wish to follow the guidelines of the statutory scheme, the Child Maintenance Service, you can find all the details about how they calculate maintenance in their leaflet entitled, How we work out child maintenance. The following link will direct you to the leaflet https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/325219/how-we-work-out-child-maintenance.pdf.
As you are receiving Child Benefit for your son, he would be classed as a qualifying child living within your household and for the purposes of the calculation for your daughter's maintenance payments, he should be a consideration.
If you would like any further help or support when coming to your family-based arrangement, Child Maintenance Options do have some supporting tools on their website at https://www.cmoptions.org that might help you both come to an agreement. It does sound like you are already aware of the Online Calculator, however, there are also different ways you can negotiate your agreement with your ex-partner.
Their Talking About Money Guide and our Discussion Guide are full of information about how you can plan your conversation with your ex-partner and how to negotiate your agreement. They also point out the financial costs involved in raising a child and can give you both ideas about what can be included in your agreement.
Once you have both decided what you would like to include in your agreement you can record this on our Family-based Arrangement Form. Although it is not a legally binding document it can put your agreement on a more formal basis. You can also agree a renewal date for your agreement in case either of you have a change in circumstances.
You may also be interested to know the Department for Work and Pensions (DWP) have a website, 'Sorting out Separation'. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is http://www.sortingoutseparation.org.uk/
For more information about all your options and for a more personalised service, you may wish to visit the Child Maintenance Options website yourself.
Regards
William
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