[Solved] CM and 50/50 Split

Get the shared residence order legally stamped. Make sure its language is clear that you're both equal - none of that "lives with" and "spends time with", or "primary carer is X" language.

After 1 year, you may choose to adjust or withdraw the payment, and it's up to her to go to the CMS and request payment if you withdraw.

She may also make things difficult for you like withholding contact and things like that. Although there is a court order in place, you will probably have to weigh in the cost, time and headache of having to do so if she chooses to be difficult. The CMS may tell her no payments are due given the text of the order - she may try and get a new maintenance agreement through the court citing your current agreement. She may or may not be successful - i don't know.

hi,

if you were paying through child maintenance service, when there is 50/50 equal day to day care, then you dont pay any maintenance:

Q: What happens if the day-to-day care of a child is equal between a
paying parent and a receiving parent?

A: In this situation, the paying parent does not have to pay any child
maintenance for that child.

pg 29

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/672432/how-we-work-out-child-maintenance.pdf

Hi there,
Maybe you should adopt a pragmatic approach.
My understanding of what you're saying is that your ex has agreed to 50/50 shared care, despite the original agreement being 60/40. That in itself is a big plus for you and your kids. I agree with Flyingember's point - try to get that 50/50 split ratified - I assume it could be done the same time you are processing your divorce and seeking agreements on everything else tied in with the parting of ways.
I don't know what you earn, but based on your original 60/40 calculations, I'm making the assumption (perhaps wrongly) that your contributions to the mother might be moderate. You have said you earn considerably more than the mother, so I'm not clear whether you are objecting to maintenance on principle (of de facto 50/50), or affordability.
I have a roughly 60/40 arrangement re my son. I pay maintenance for him to his mother. I obviously spend money when he is with me on clothing, feeding, paying for activities, toys etc. If - in the very unlikely event his mother was to suggest and agree to a 50/50 split, I know I would not risk upsetting this deal by withdrawing maintenance (which I'd legally be able to do in this circumstance). I tend to look at maintenance as being my son's money - not his mum's.
I've just re-read your last paragraph. If I'm correct in understanding that you have not actually signed up with the CMS, but simply used their calculator, then what you have is a 'private' arrangement, which in theory, you can change/cancel anytime you like. The obvious response from your ex would be an official CMS application, and possibly a punitive reduction in the times you see your kids. If / when you obtain a Shared Order determining the 50/50 shared care of you kids, I believe presenting this order to the CMS would cancel your need to pay maintenance, regardless of any previous 'private' arrangement you may have had with your ex.

If you are paying your ex without csm been involved you can pretty much stop it after a year. If you are getting 50-50 and happy to pay then i would carry on if things are working well.
If you paid nothing due to 50-50 it would no doubt end up in court with your contact reduced slightly. Csm can only start a claim from when someone contacts them and is not backdated

Hi All,

Thanks for the responses so far. I just got the draft consent agreement through and there is no mention of childcare arrangements or how much maintenance I will be paying. Do you think it’s worth me insisting on this being in there? Her solicitor said to leave it out because if we change the arrangement in future we’d need to go back to court.
In response to questions about my concerns, I’m happy to pay the money (works out about £400 a month) but my ex thinks that money is to put a roof over their heads and she’s suggested she will be expecting extra payments for after school clubs, clothing etc which given that I will have a much bigger mortgage (she’s getting 70% of the equity) and will have the same costs for the kids I’m concerned I won’t be able to afford.

Hi,

Does.consent order mention 50/50? If not then your better off paying through cms.

Hi Bill,

The court order makes no mention of how custody will be split or how much maintenance will be paid.

Hi

Its less important that the order states the CM amount as that can be resolved via the CMS but it would really help your cause if it stipulates the 50:50. Often exes solicitors don't include it as they know that it benefits the ex re CMS as you don't have an order that you can show to CMS as to what the exact arrangements are and so she can lie or create confusion and vagueness to get you to pay more money. Also if the court order mentions nothing about the childcare arrangements then potentially she can stop contact if you do not pay towards whatever she wants you to thus forcing you back to court, whereas if it is included then if she stops she would be in breach of the order.

Don't let the solicitor try this on.

Also keep in mind that depending on the relationship you have with your ex and how much you pay then actually in theory you should pay an amount on top to cover birthday parties (if joint) or towards school trips etc.

Also generally CMS covers household costs, clothing, shoes etc but not school trips or birthday parties unless you do separate parties. (This is my opinion).

Re after school clubs, as you have the kids 50:50 you could do it so that you either split costs, contribute or whoever has the kids on the days clubs run pays for them. However re the latter your ex could suggest clubs that only run on your days.

I look at CMS as being based on a sliding scale. The more you have the kids the less CMS you pay so you contribute more (or split costs) towards anything extra over and above what is essential.

Main thing is to get the order sorted in the first place as other posters have said.

Thanks