[Solved] Who should pay childcare costs?

That's a tricky one, and you may well need to get specific legal advice on the court order.

However, as it is 2 years since the divorce, it is open to either of you to go to the CSA, who will override the court order regarding maintenance, so your ex can do this as well and because you would be paying a reduced maintenance because your have your children overnight for 3 nights out of each week, then you would probably be expected to cover the childcare costs while they are in your care. It's certainly worth checking the CSA calculator for the new CSA arrangements, which are now effective.

What are the arrangements in terms of which days you have your children? You could possibly consider trying to change the days so that one or even both of your 3 days are the weekend - that way you only have to pay for one day a week for childcare.

I currently have the kids Sat and Sun night every other weekend and a either a Tuesday and Wednesday or Wednesday an Thursday night every week. This basically translates to needing pre and post school support two mornings and two nights per week for two children, which will cost me about 350 quid per month on top of my maintenance. This is simply money I don't have and if anything will encourage me to reduce the number of nights I have the children per week - which I don't want to do and isn't in the kids interest. Any idea's appreciated.....

So am I best to talk to the CSA (before my ex) or should I talk to my solicitor?

Also what about school holidays...am I now expected to pay for them to be in childcare for full days during school holidays?

I would also argue that as she is the resident parent, the children reside with her and are registered as doing so with the school, then any costs incurred at school are her responsibility! I would be tempted to contact the school and make them aware that you are disputing liability, pointing out that she is the primary carer/resident parent and the children are registered as living with her! I don't think the school would be too keen to enter into an argument between parents.

As you pay maintenance, under CSA rules (or CMS as they are now called) that is the only payment you are obliged to make and it covers all expenses for the children. I think it's a good idea to open a case with the CMS and override the court order. I wouldn't discuss this with her first though as she may then preempt it and apply to the court for a variation and this would prevent you using the CMS.

I take it that as she works full time it is of benefit for her that you continue to share the care of the children, you just have to be careful that if you go through the CMS she doesn't reduce your contact time to increase the amount of maintenance she receives.

It wouldn't hurt to run it all past your solicitor and get some clarification.

Thanks very much for the advice. I also have researched online and also heard that the CSA can only enforce maintenance payments, and not childcare contributions? I think I am also right in saying that in order to qualify for a reduction in my maintenance payment I only need have the children overnight between the hours of 7 and 7. Hence is there an argument that between then and school time there the responsibility of the main carer?? I would be happy to drop off and pick up from hers each time!!

My other concern is that if I don't arrange childcare from the 1st Feb ( which I don't want to do as this will indicate the start of my paying out) she will just leave the kids at school with no where to go! She will be in 40 miles away with her new job, and I will be 2 miles away from the school and have no real choice but to down tools and pick them up. If I leave them stranded I fear she will then try and reduce my access to the kids.....??

Could you elaborate on how opening a case with the CMS works? Is it wise to override a court order?

Thankyou very much again....

The Maintenance worked out by the CSA is to cover all expenses and any extra contributions you might make are purely voluntary.

The criteria for a reduction in maintenance because of overnight contact is purely that. If the children sleep at your home overnight, regardless of when you pick them up or drop them off the following day, you are entitled to a reduction of 1/7th for each night they are with you every week. If they sleep over at your house three nights a week then you would be entitled to a 3/7ths reduction.

There is a sticky at the top of the child maintenance section called "how does the CSA calculate payments". There are two links, follow the second and it will link to the CMS (CSA) information leaflet on how they work out how much you will liable to pay.

Contact the school and inform them that as she is the resident parent she is liable for any child care costs, I honestly don't think they will get involved in this and her status as resident parent is the determining factor here. You have a month to liaise with the school about this. They will tell you what their position is I'm sure. I don't think she will want to jeopardise her new job, you probably have more bargaining power than you realise!

The link I spoke about should have contact telephone numbers for the CMS, all you need to do to initiate a claim is to call them and request that they open a case. They will ask for details about the resident parent, and your income and any pensions you pay into. They wont be interested in your outgoings? You should tell them about the existing court order and your wish to override it, also how many nights per week you have the children.

If I were you I would google the CSA calculator so that you have a rough idea of what they will ask you to pay. People's situations change, you wouldn't have thought to change the current arrangements had she not started to demand more from you.

Ok, so I have spoken to the CSA and they have confirmed they are happy with the amount of maintenance I am paying and that they cannot enforce me to pay any more toward childcare costs.

However I guess what my ex will then do is to restrict my acess to the kids, hence I will no longer be entitled to a reduction in my maintenance and the CSA will collect 300 quid more a month! Hence she gets the extra money, but has the kids full time. If I then took this to court it sounds like the court in my area don't have a track record with putting favourable access arrangements in place for dads?! So I risk loosing access....?!

Just the clarify, why do you think I need to inform the school - what benefit does this give me? (Btw The pre and post childcare arrangements aren't run by the school they are run by a local nursery)

Also the wording in our separation agreement currently states that she is liable to pay "all future nursery costs". Why do I want to override this? And how many nights I have the children?

Happy to take your advise, but just wanting to make sure I understand the rationale?

I think it's definitely worth having a word with your solicitor - nannyjane and I have different views on this, and I'm not sure which of us is right (I think nannyjane has a better track record though 😀 ) so a qualified legal opinion is a good idea.

:unsure: ...sorry I though it would be the school that ran the pre and after school clubs, that's how it works in my grandsons school. I just thought that as the resident parent she would have registered the children with the after school club/nursery and rather like a contract she would therefore be responsible to pay them.

As she is stating that the definition of nursery is pre school up until the age of 5 yrs then she is overriding the agreement by saying it no longer applies.

As actd says, and as I said previously, it wouldn't hurt to run it past your solicitor.