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Hello, sorry if this should be in the Finances forum but been getting some good advice on this subforum..
My ex and I separated 6 months ago. She is the RP.
I've been paying her monthly Child Maintenance using the online calculator on the gov website.
But she now says our 2yr old (turning 3 in December) needs to have another day in nursery - and of course she wants me to pay for it (an extra £200 per month).
Am I right in thinking that the monthly payment already includes nursery fees?
And that I'm not legally obliged to pay these extra costs?
I wouldn't mind but the ex doesn't even work, and her monthly CM is already much higher than the average..
And am I right in thinking that when our daughter turns 3, she gets 30 hours of fee childcare anyway?
Thanks in advance Dads!
Hi,
Yes child from age 3-4 may be able to get free childcare, your ex would have to apply: https://www.gov.uk/30-hours-free-childcare
Child Maintenance amount should cover all costs associated to child. You could voluntarily give more. If you don't want to, she may decide to open a case with child maintenance service, but will probably end up getting similar amount to what the .gov calculator states.
Thanks @bill337 always solid with the advice 🙂
We have our final hearing in December, so am a bit worried about doing anything (ie. refusing to pay nursery fees that I'm not obliged to) that could make me look bad to the court.. do you think that would have an impact?
Or are they unlikely to find out anyway as finances and CAOs are supposed to be very separate?
Not only that, but have realised that the hearings are basically (in my case anyway) a negotiation between the ex and I over the amount / frequency of contact I will have with out daughter..
So my McKenzie Friend thinks I shouldn't 'rock the boat' at this time.
But I don't want to start paying something now that I can't stop paying later!
@dannyk correct, the Child Arrangement hearings have nothing to do with finance/ child maintenance. it would be pointless for your ex to raise money issues at those hearings. I suggest to keep things as amicable as possible. I pay maintenance through CMS system, and I only pay the amount they worked out for me.
@bill337 Thanks. I'm considering paying these additional nursery fees (even though I don't have to) until the CAO is formalised in December at the Final Hearing, just to keep the peace until then. But am bit worried that once I start paying these nursery fees, I'll be financially obliged to continue by the CMS?
Or can I just tell my ex in December (when our daughter turns 3yrs), that I'm stopping payment of the fees and she can apply for the 30 free hours?
Also, even though we have an agreed Interim CAO Order in place (since our FHDRA on Weds just gone) neither me nor my ex has signed anything..does this mean that it has not been 'filed'?
Do you know what the process is for Interim orders? Again, worried that if I push back on these nursery bills she will cut off access as maybe the order hasn't been finalised until we both sign it..? Do the parties even sign it?! Sorry so many questions I know, but you seem pretty knowledgable on this stuff.
@dannyk hi, there is no signing of interim court order. Your presence at hearing is all thats needed. It's good idea to ask judge what has been decided before you leave court building and when does new arrangements start, as it may take couple of days/weeks for court papers to be sent out to you by post/email.
CMS will calculate a monthly payment plan for you, based on your income. You could carry on paying nursery fee and stop later if ex opens CMS case. No I don't think you can claim those expenses. Have look at what you can claim:
If you are a paying parent you can ask for certain expenses, which reduce your gross income, to be taken into account. These are called 'special expenses' and are for:
the cost of keeping in regular contact with the child or children you pay child maintenance for – for example, the cost of fuel to travel between your home and the child’s home
costs to support children who live with you if they have a disability or a long-term illness
repaying debts from the former relationship – for example, if you are paying a car loan for a car the receiving parent has kept
some boarding school fees for the child or children you pay child maintenance for – but only the everyday living costs or ‘boarding’ part of the fees
making payments on a mortgage, loan or insurance policy for the home you and the receiving parent used to share – the receiving parent and the child or children must still live in the home and you must have no legal or ‘equitable’ interest in it
All the above special expenses, apart from supporting children who live with you if they have a disability or a long-term illness, must be for more than £10 per week.
If your gross income is less than £7 a week or you are getting benefits, you can’t ask for any special expenses to be taken into account.
One more thing.. I have spent a small fortune furnishing my daughters bedroom and buying bedding, toys, clothes, chair, etc for when she comes to stay with me (one night a fortnight currently, but hopefully 3 nights per fortnight in 2023 after Final Hearing).
Am I right in thinking I can take those costs off of my next child maintenance payment? As these are I costs I've incurred relating to child?
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