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Is maintenance applicable if costs shared equally?

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sweetheart50
Posted by
Junior Member

24 Feb 15 #456785 by sweetheart50

Topic started by sweetheart50

Assuming my children ages 21, 18 and 16 hald time with me and half time withex and we share allthe costs of the children equally are maintenance payments applicable?

Gillian48
Platinum Member

24 Feb 15 #456792 by Gillian48

Reply from Gillian48

Is this child maintenance you are asking about?
Cm is usually only payable whilst the child is in full time education - which parent receives the child benefit and or child tax credits? Has any application been made to the CMS? and who is the parent with care?

sweetheart50
Posted by
Junior Member

24 Feb 15 #456795 by sweetheart50

Reply from sweetheart50

Yes it''s CM i''m asking about an no application has been made yet. At the moment all 3 children are living under same roof with both parents. The 21 year old studies part time but will finish this year. The 18 year old will also finish studying in a few months. The 16 year old will continue studies until reaches 18. If all costs of child care is shared equally by both parents, assume CM is not applicable?

MrsMathsisfun
Platinum Member

24 Feb 15 #456799 by MrsMathsisfun

Reply from MrsMathsisfun

Under the new cm rules if child lives equally with both parents no child maintainance will payable.

Fiona
Platinum Member

24 Feb 15 #456803 by Fiona

Reply from Fiona

Is there a discrepancy in your incomes?

Financial settlements depend on the established status quo. The priority is children under 18 but over 18s in education aren''t irrelevant and it isn''t unreasonable for them to be provided with a base even though they may be away at university during term time.

Under the statutory scheme usually the "non resident" parent pays child maintenance for children under the age of 20 in full time non advanced education (A Level standard or less). When the established pattern of childcare is exactly 50:50 there isn''t a non resident parent so the Child Maintenance Service cannot process an application. However my understanding is when the CSA or CMS cannot process an application the courts have the authority to make an order for child maintenance.

Therefore I would suggest using the resources at the CM Options website or consulting a solicitor so that you can negotiate a family based agreement to meet the needs of the family. Such an agreement can be voluntary or included in the financial settlement which is legally binding and enforceable.

Child Maintenance Options
Moderator

25 Feb 15 #456850 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Sweetheart50

Under child support legislation, regular child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid. Before 10 December 2012, the upper age limit was 19. However, if your child was 19 after this date and in full-time education, maintenance would be paid until the age of 20.

When a child leaves full-time education in the summer, Child Benefit generally continues until the first week of September. The following link provides further information on when child maintenance payments ends and what courses are classed as full-time non-advanced education, www.gov.uk/when-child-maintenance-payments-stop

The Child Maintenance Service takes shared care into account in different ways depending on the paying parent’s child maintenance rate. Shared care applies if the paying parent provides overnight care for at least 52 nights per year before a liability will be reduced. This is based on the agreement with the receiving parent and or evidence. Shared care is usually determined over a twelve month basis, but shorter periods can be considered in appropriate cases.

I have also included a link on how the Child Maintenance Service calculates child maintenance that you may find useful, www.gov.uk/how-child-maintenance-is-work...ut-child-maintenance

For more information on the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at www.cmoptions.org

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.wikivorce.com/divorce/Sorting-Out-Separation.html

Regards

William

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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