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I current have 'shared care' of our two girls but they actually stay 4 out of the 7 nights with me and sometimes they stay even more because they are requesting to stay with me. Mum is claiming all of the child benefit and child tax, so should I be paying child maintenance at all?? I currently pay monthly but I’m struggling to see why I have when I have the girls more and mum claims all the other benefits for them. I’m happy to pay it if its fair but don't know why I’m paying while having them most or even if I was having the 3 nights one week, 4 nights the next. Any advice would be greatly appreciated.
Cheers
Joel
On the new CSA/CMS no you wouldn't have to pay
"A widely resented Child Support Agency rule will be scrapped for clients of the new scheme. This required some parents to pay maintenance even though they share the care of their children on a 50-50 basis. In the future, no maintenance will need to be paid in cases like these where care is shared exactly equally"
You may get told on the phone you have to pay and this is wrong, some people at the CMS are telling people wrong information
In the old system it was who ever received child benefit could claim child maintenance with a reduction for shared care
So if i was to stop paying her maintenace would a solicitor or anyome argue differently?
Through a recent family mediation mum would not admit to me having the girls 4 nights a week as she says that she is available for them if they wanted to to with her on the alternate night. However, the girls stay every friday night now and often stay on staurdays too because they request it. Do i need to get mum to formally admit that they stay 4 nights every week? i've been keeping a diary to keep track but i'm just concerned that if i stop paying maintence mum might stop me having the girls in their current routine just to prove a point and keep getting the money. As there are 7 nights in a week you can never have an equal share of night so how would you define
'shared care'
Thank you for your advice earlier too
Cheers
Joel
This is where it gets tricky if there is no formal shared care agreement ie- a court order
She could easily say you don't have them any nights, just to get maintenance, it's a situation I've see many people in
Sounds like she won't admit it and you would have to continue maintenance, I think the CMS class shared care as when you both tell them it's 50/50 even though one of you has an extra day as like you say 7 nights can't be split
It's an awful system when the mother can lie about overnight stays to get more £
I would plan ahead - keep a diary of all dates, and take photos (with date stamp showing on the photo if possible, just for ease of use later) and build up a record over time. There's no guarantee it will work, but it certainly can't hurt to have the evidence.
I have a similier situation going on now but more of trying to get shared care. The mum has the same thought, its all about the money.
She lets me have him when it is covieniant for her. So at the moment I have to go mediaiton beofre court. So from what I am learning. you have to do mediation before court. If you and your ex agree to self assess for mediation it is cheaper then going through a solicitors. Cheaper by £100 an hour in Leicester. then when that dont work you apply to court. I beleive the mediators also do the money side of things too. I havet got that far just had the assessment.
Like ACTD said keep diary, pics, receipts anything to do with time, money and conversations (if you can get her to text you saying when you having them, She then has admited to you having them.its playing sly fox I am afraid). It is really time consuming but everybody on here gives exactly the same advice - It will help in the future.
Let me know how you get on.
Colin
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