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Hi. With 50/50 care over my 8 year old should i be paying maintenance?
She is living with a new partner and says she has ltd income as she is going through IVF. I earn 28k but have stopped payments as all my friends say i dont need to?
She has just opened a case against me to say i need to pay 12p a monthm
Any advice appreciated.
Hi there
In theory, if you are sharing the day to day care of your children equally, under the CMS rules, you shouldn't have to pay maintenance. However it's another matter trying to prove it. A court order that states 50/50 care would general be enough.
If she receives the child benefit for the child, this will be a deciding factor for the CMS and if you both dispute the number of overnights the child stays with you, the CMS can use the default position and calculate the amount you must pay based on one overnight a week.
Best of luck
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