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Hi all. Please could someone advise me. My son spends 182 nights a year with me and 183 nights a year with my ex-wife. She has claimed the child benefit since his birth. He is 9 years old and we have been separated since he was 2 years old, We previously had an arrangement where I fund all school trips, extra curricular activities and school uniform as and when needed. Now she wants child maintenance. Based on my earnings and a rough calculation by Child maintenance options I would have to her £26 a week. My wife and I have a 2 month old baby daughter. Apparently I am not considered to be the day to day carer but I cannot see how more 50/50 it could be? Is it right that I should have to pay nearly £1500 a year for that 1 extra night?
Hi There,
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It was my understanding that under the newer CMS system that if you had shared car 50/50 or as close as then there wouldn't always be a payment made, though I could be wrong.
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Just to note though that if she goes through CMS then legally that is all you have to pay, you would no longer have to pay for the things that you had agreed in the past, so no more school uniforms, school trips ect.
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It may be worth pointing that out to your ex as she may change her mnd.
.
GTTS
Hello jon_huw
Equal day-to-day care is where the overall care arrangements for a child is shared equally and not just where a child stays overnight with the paying parent.
The Child Maintenance Options calculator can be used to provide an estimation along the Government’s guidelines of the maintenance payable based on your income. However, something to bear in mind is the calculator does not take into account equal day-to-day care.
If an application is made to the Child Maintenance Service (the Government’s statutory maintenance service) and you can prove that both parents have equal day-to-day care of your son (in addition to sharing overnight care), and that you provide a home for your son, then there is no requirement for either parent to pay statutory maintenance.
Also, if an application was made and a figure was calculated by the Child Maintenance Service, you would only be legally required to pay the amount they calculate. Anything on top of this figure would be voluntary.
For a more personalised response, you may wish to contact Child Maintenance Options directly at http://www.cmoptions.org.
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 https://www.sortingoutseparation.org.uk/.
Regards
William
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