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Hi all, looking for some advice on child maintenance. My wife has recently left me after 23 years together. we have two children, 17 yr old son and 13 yr old daughter. We are selling the family home and have agreed financial split of equity etc. My 17 yr old son has said he wants to live with me when we move although he may have to stay with his mother for two days a week when I may be travelling with work. My daughter intends to stay with me for up to 3 days per week but her primary home will be with her mother.
My question is whilst I know I will have to pay her child maintenance for my daughter, and fully intend to do so, am I entitled to ask her to pay the same for my son as he is living with me? It is not really my intention to ask her to pay for our son as my earnings are higher than hers but just would really like to know where I stand. I have looked on the gov.uk child maintenance calculator website and cant find the answer on there
Thanks in advance
Hi there
In this situation you and your ex can either negotiate a family based agreement or both claim for one child. Through the CMS.
As you intend to have one child each it would make sense to cancel out any maintenance payments, you would both be able to claim child benefit and any tax benefits for the child living with you. It's far better if you can sit down with the mother and negotiate a family based arrangement.
If you decided to go through the CMS they would calculate the amount you would both pay by calculating a percentage of gross income, which for one child is 12%. Deductions are made to the calculated amount for any pensions paid into and a reduction is also made for each night a child stays with the non resident parent. That would mean that as the higher earner your liability would be more than your exs.
Best of luck
Hi Mojo
Thanks for the prompt reply, my earnings are too high to be able to claim Child Benefit, so am I right in assuming I would need to pay my ex the difference between what the gov calculator states she should pay based on her salary for my 17 yr old son living with me, and the calculation based on my salary for my 13 yr old daughter living with her, taking into account any nights each child stays with each parent?
Cheers
Hi again
Yes that's about it, whatever the difference is would be what you would pay to her, making a reduction of 1/7th for each night each child is with the other parent.
As a starting point you could suggest that with one child each it would cancel out either of you paying the other and she could also continue to claim the child benefit/ working tax credits for your son. You could also offer to pay for your daughters school uniform and out of school activities for example...that would keep it amicable.
I would do the sums and see where you are with it and then open up some negotiation with her.
Thanks again, much appreciated
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