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Hi,
Just after some advice as I'm concerned my ex is gonna try and screw me over.
We have 2 children together and split just under 4 years ago. Both children stayed with her and I saw them 50/50. My eldest then could not hack her new partner and left to come and live with me, we agreed at the time that neither of us paid each other any other money, my eldest has not spent a night with his mother for the last 3years and my youngest still spent 50/50 with us. Anyway my eldest has now decided to leave me (I caught him smoking and taking cannabis and punished him, his mother seems to think it's ok for him to smoke) and goes to his mums as there appears to be no rules there. Anyway.......
I have tried to use the calculator to work out how much she might be able to claim from me as I know my eldest will now not come and see me. But I am confused as I still have shared care for my youngest, I pay for my youngest whilst with me, I buy all his uniform for school and his clothes for when he is at min, I also pay half to school trips and his dinners at school when he is with me. I am just confused as to where this fits in with her paying her for my eldest, does she claim for 2 children or just one because one is shared care.
It's just abit frustrating that she has not paid a penny towards him for 3 years and now he's gone back to her she wants money off me,
If your ex opens a claim now, then the CMS are likely to assume / work on a number of different scenarios depending upon what your ex tells them (unfortunately this is how it works).
1. Ex tells CMS that there is no equal shared care for any of the children - but there is no formal agreement (Court order, family agreement, etc)
The largest reduction you could get is 1/7th for 2 qualifying children - which is the CMS default when no "formal" shared care arrangements are in place.
In cases where it is "their word against yours" - the default 1/7th is applied.
2. If your Ex is honest - and tells them that you have equal shared care for one, but nothing for the other, then you would have to pay for the 1 - and get no reduction (maybe 1/7th, but it just depends on what paperwork you have, and if you appeal, etc).
My advice would be to get some sort of agreement (signed and dated) by both parties stipulating the equal shared care for the one child. Please be aware though that shared care means a (roughly) equal amount of overnight stays at each home.
Also the CMS can get quite demanding - and claim that your informal "paperwork" is not enough evidence.
hope helps
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