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I was wondering if anyone mightbe able to offer any advice on the following - Since my ex-wfie left almost 4 years ago, I have had my daughter for exactly 50% of the time, but have been paying monthly Child Maintenance, as I thought I was required to do so, as my ex-wife was claiming the Child Benefit. I earn more than she does and did not want to be mean and try and claim the money, as she needed it more than me. However, I have my daughter 50% of the time, which includes being called by the school if it is my time, taking my daughter to the doctor, etc. I have always thought that it is unfair that I pay for my ex-wfie to have my daughter, when I have her half the time, but assumed that this was just another issue with the ssytem. However, I have just found out today that apparently I am considered as having 50% Principal Care, and therefore should not have to pay, regardless of what my ex-wfie, who is now living with her boyfriend, is earning. Does anyone have any knowledge of this type of situation? The reason for asking the question is that, after 3 years, I eventually had to take my ex-wife to court to settle finances, as she would not settle any other way, and I have a court order that states that I pay £X per month for my daughter, but that this is an interim calculation, and can be varied following a CMS review/re-calculation. If the Principal Carer issue is relevant, I will look at makikng an application to the CMS.
Hello jimguerrier
If you were to set up an arrangement via the Child Maintenance Service, they calculate maintenance based on the paying parent’s income and the amount of overnight stays the child has with the paying parent. If parents have exactly 50/50 equal shared care, including daytime and overnight care, they cannot then ascertain a main carer of the child. Therefore, you are right in thinking that you would not be required to pay maintenance in these circumstances.
If you have a Consent order in place for maintenance, this cannot be altered or replaced by a Child Maintenance Service arrangement until it has been in place longer than twelve months, unless it states otherwise in your agreement as you mentioned it was an interim order. You may require legal advice to clarify that point.
There are various different ways that maintenance arrangements can be set up and if you require any information about those or to receive a more personalised service, you can contact Child Maintenance Options directly, 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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