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hi,
if its equal 50/50 care then no you shouldn't have to pay maintenance. do you have anything in writing of this agreement? as problem is if she contacts child maintenance, they will likely ask you to pay, and you would need to show evidence of 50/50 care, like a court order.
I'm interested to know those that got 50 50 shared care, was there ex in agreement of this, or did the judge order it?
@Vik2001 hi. For me CAFCASS saved me. Ex solicitor rang me before hearing and said ex wanted 5 days and me weekends.
When went to court. CAFCASS opened up with saying "the current 50/50 care is working well for child and should remain".
Judge basically said she is going with CAFCASS report.
Ex didn't challenge it after the CAFCASS official spoke.
I'm in the same position.
Equal shared care (currently via Consent Order but that's been sent to the Court to ratify via a Final Order).
Spoke to CMS yesterday but they simply would not accept the reality as the CB gets paid to the ex.
I have written to them last night quoting the legislation noted in the OP's post and asking for the case to be closed.
Why do they think they can take liberties like this?
How many nights of having the child per week is considered 50/50 to stop payments? As there's 7 days a week how do you do a 50/50 split?
@kierana001 typically having kids 3-4 nights per week would be classed as 50/50.
I'm in a 50/50 situation. I pay maintenance on top of this of around £135 (worked out via the calculator on the website). I've no idea if i should pay it or not, in fact the only thing that suggests to me that i should is because his official adress is at his mums. I should add that i also pay for additional things on top which she refuses to (such as school shoes) and she also asks for small top ups on top such as half his monthly mobile phone etc. He is 12.
I'm thinking of kicking up a fuss now. It's been going on a long time.
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