Child benefit help

Hi could anyone please offer any advice.

My divorce was completed in July 2016. It was agreed that my son’s mother would care for my son 4 days a week and me 3 days a week, I would therefore pay child maintenance. In our Consent Order it states:-

The agreement between parties the respondent shall pay to the applicant periodical payments for child benefit of the child of the family. Payments shall be at the rate of £xxxx per annum, payable monthly at a rate of £xxx per calendar month in advance by standing order. Payments shall start on the completion of the sale of the family home and shall end on:
A) the child respectively attaining the age of 18 years or ceasing their full time secondary school, whichever shall be later or
a further order.
The court may order a longer period of payment.

Here is the issue since the divorce I have had my son 4 days per week during school term and his mother 4 days per week during school holiday. I have my son every weekend. During the last year I have calculated that I have had my son 196 nights and his mother 169 nights, add that to the fact I carry the extra expense of having him every weekend.

I am paying the whole expense of taking him on holiday which will cost in a region of £4000

I feel this is unfair that I should be carrying the bulk of the expenses, having more nights per year and then be sending child maintenance to his mother .

What are my options?

Cheapest option:Apply to CMS for an assessment thereby ending the Court Order.

Ok thankyou.

I guess my question is:-

Based on the information I have provided , would I have a justifiable case to ask for child maintenance to be stopped?

Also how do I prove that I have looked after my son 196 nights during the previously year? I can only imagine that his mother will try and dispute this in order to keep receiving the child maintenance.

What evidence do you have?

How would the loss of the money impact your ex and therefore your son when at her house?

Presumably if you want to get the order varied in Court you would have to provide what evidence you have and why you think it is in the child's interest to not pay it or have the amount reduced.

Your ex will presumably put forward a counter argument on why it is in the child's best interest that she keeps receiving it and maybe even that the amount be increased.

She may argue that if you can afford £4k holidays you have spare money that can provide essentials whilst at her house.

My understanding was that if the child’s living arrangements is split 50/50 then neither party should pay child maintenance, considering my son is with me more than his mother, why am I paying maintenance when I have my own costs.

Seems what you are suggesting, my payments are acting more as spousal maintenance than child maintenance . We are both equally responsible for our child, his mother has a lump sum figure sitting in her bank account following the sale of the family home. It feel unjust for any parent paying maintenance and being penalised for paying to bring there son on holiday.

Finally how could anyone supply evidence to prove exact number of days they have had there child? Install cctv inside there home to video each day? All I can think of is asking the school to write a letter stating which days I pick my son up but obviously that would not cover weekends.

Kadafi wrote:

My understanding was that if the child’s living arrangements is split 50/50 then neither party should pay child maintenance, considering my son is with me more than his mother, why am I paying maintenance when I have my own costs.

Which is why using the CMS would probably be the quickest and cheapest option. Rigid formula applied and assessment calculated. Cost £20.

Court would only have dealt with CM by consent so you agreed to pay whatever you pay based on your son being with you 156 nights a year. Now there is a one year history of him staying an extra 13 nights and you want payments to stop. The Court may not accept that this is that great a change or that it is going to be the pattern in the future. You will be playing with unknowns.

Finally how could anyone supply evidence to prove exact number of days they have had there child? Install cctv inside there home to video each day? All I can think of is asking the school to write a letter stating which days I pick my son up but obviously that would not cover weekends.

Difficult if you disagree on the number of nights. School would be of no help- just because you pick him up doesn't mean he stays overnight. Best thing you have is the order which show the 4:3 split so that would at least minimise CMS assessed amount.

How is your ex likely to react? Is she going to be happy that you will no longer be paying CM to her and she may in fact become liable to pay you?

Who claims Child Benefit? That is often the trump card in deciding who is the majority carer.

What does your Court Order say about SM? Do you pay a nominal amount?

Thankyou for your response

I had agreed 156 but in the previous year that has turned out to be 196 nights, so that is an extra 40 nights ( not 13 ). Now this has made me the primary parent. This year my days will most likely increase to over 200 as my son will be away on holiday with me for 3 weeks in March.

My ex will likely not act very well because at the end of the day, it will be less income for her. She will not look at it from my point of view, why should I have the bulk of the child care but also be paying her child maintenance .

I had child benefit but it was transfered to her following the divorce .

There is no SM, not even a nominal amount.