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Hi All,
I'm hoping someone can advise me in my current situation.
My wife & I separated earlier in the year, the situation is fairly amicable at present, but only due to not discussing anything money related at the moment. We recently sold our house and split the remaining equity 50/50.
At present I am paying £200 a month in child maintenance for 2 children (CSA calcs around £211 although do not currently use this service). I am lucky enough to be in a position to share the care of my children 50% of the time over a 2 week rota, this includes school drops offs, over night stays/weekends and pickups from childcare. My wife only works 3 days a week so looks after my younger child during the day while i'm working if she isn't at work.
In addition to child maintenance i am also paying over half of the childcare costs (I contribute £240) so £440 in total for the month including maintenance. My wife receives help for childcare in the form of benefits.
I am currently going through a divorce and I spoke to my solicitor about not being happy with the amount I have to pay to my wife, she advised that if i'm paying maintenance i shouldn't be expected to cover the childcare costs also. Is there any truth to this?
I have also read on the CSA website about a 'NULL' payment of child maintenance if there is proof of equal 50/50 shared access to the children, has anyone had any experience with this?
I hope this doesn't seem like I am trying to wriggle out of paying anything towards my children, I just find it hard to see how it is fair when I have my children for the exact same amount of time my wife does, paying maintenance and child care costs, plus paying to feed, cloth, and entertain my children when they are with me on top of that. I'm feeling abit like a cash cow currently
Any advice would be greatly received,
Andy
Hello aown61
The Child Support Agency (CSA) no longer accept applications for child maintenance. They were replaced in 2013 by the Government’s new statutory maintenance service, called the Child Maintenance Service.
Child maintenance is ordinarily paid to the person with whom a child has their home and who usually provides day-to-day care of the child. However, if an application was to be made to the Child Maintenance Service and it could be proven you both provide equal day-to-day care of your children, in addition to sharing the overnight care, and providing their home, then there would be no statutory requirement for either of you to pay maintenance.
If an application were to be made and they determine you do not have equal care, the paying parent would only legally be responsible for the amount worked out by them, and would not be obliged to pay for anything extra, such as child care.
For more information on the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at http://www.cmoptions.org.
The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.
Regards
William
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