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Child maintenance payments to non-resident parent

  • Goodmub
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08 Aug 13 #403686 by Goodmub
Topic started by Goodmub
I am currently separating from my partner. We have 2 children both born before 2003 so he does not have legal parental responsibility for them. When he finally gets somewhere to live, the children will spend some time with him, but will continue to live with me the majority of the time. My partner is unemployed and has said that I should pay him child maintenance for the couple of nights a week the children spend with him. I have no problem with this in principle, but what is the legal position? The child benefit is also in my name so I assume he cannot apply for child tax credit. I am employed and do not claim any benefits other than child benefit.

Thanks

  • WhiteRose
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08 Aug 13 #403691 by WhiteRose
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Hi,

Its the Parent With Care - the person the children live with that receives Child Maintenance.

Whilst I don''t think there is anything wrong with slipping the kids some money for ice creams/sweets or cinema etc. while they are with their Dad, I think giving money directly to him is wrong and can lead to all types of problems and possible animosity.

Even though he is unemployed he probably would be asked to pay £5 per week to you towards the childrens needs.

Or the way you could word it to him is - ''you should be paying me £5 per week for child maintenance, rather than give this to me, you can spend it on the kids''

WR

  • Fiona
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08 Aug 13 #403692 by Fiona
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PArents can agree any amount of child maintenance they want between themselves. Under the statutory rules the non resident parent pays child maintenance to the person with the majority of childcare. This is usually calculated as a percentage of the non resident parent''s income minus a deduction for the overnights the children have contact with the NRP. When the NRP is on benefits they pay CM at a flat rate of £5 or £7 and there is no overnights deduction.

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08 Aug 13 #403705 by Goodmub
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I wouldn''t ask him to give me maintenance, but I am a little worried about how he would use any maintenance I give him. But of course benefits are pretty minimal, and I would worry that he might not have enough money to give them a decent meal whilst they were with him, so I think I will have to think very carefully about this.

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08 Aug 13 #403706 by WhiteRose
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If you are worried how he will spend any money - rather than give him money, could you send a bag of groceries/food with the kids?

  • jslgb
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08 Aug 13 #403707 by jslgb
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There have been periods of time during my separation where i have had to be on benefits in order to survive. I can honestly say in no way has this prevented me from providing a decent meal for my child. Or clothes, entertainment etc etc. If your ex is choosing not to spend his money on this, perhaps its worth reassessing how long your children should spend with him.

  • Child Maintenance Options
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09 Aug 13 #403838 by Child Maintenance Options
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Hello Goodmub

Thank you for your post. I am Sarah, the Child Maintenance Options consultant and I can give you some information about child maintenance that may help you.

The definition of a receiving parent is the person with whom your children have their home with and who usually provides day-to-day care of your children. Factors such as who receives Child Benefit are taken into account to decide which parent is the receiving parent for the purposes of child maintenance. In the circumstances you describe it would appear that you would be considered to be the receiving parent.

Although you said that you would not ask your partner to give you maintenance, your partner has a responsibility to provide financially for your children. You mentioned that you have started to discuss with your partner who will provide what for your children, this is what we call this a family-based arrangement. With this type of arrangement there are no strict rules to follow so you and your partner can agree on the terms of your arrangement. A family-based arrangement is not legally enforceable but it is flexible, so even though your partner is unemployed it can include other kinds of support such as helping with childcare.

To give you an indication of how much child maintenance the Child Maintenance Service may work out, there is an online calculator on our website at www.cmoptions.org/en/calculator/calculator.asp You may wish to use this figure as a starting point if you were to set up a family-based arrangement.

To help you to make a family-based arrangement, we have some useful tools on our website such as a discussion guide, which can help you to plan your discussion with your partner. We also have a family-based arrangement form, which is not a legally enforceable document but may put your agreement on a more formal basis. You can find these on our website at www.cmoptions.org

If you would like to find out further information about who can apply for Child Tax Credits and details of benefit and work entitlements you may wish to visit www.gov.uk

We have a sorting out separation web-app that you may find useful, it offers help and support to separating families. You can find this at Sorting Out Separation

If you would like to talk to our team in complete confidence about all of your options for arranging child maintenance you could give us a ring on 0800 988 0988. We also have some other useful tools on our website to help support separating parents.

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