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Child Maintenance in 50-50 Joint Custody (shared)

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StunnedDad
Posted by
Senior Member

04 Apr 16 #476407 by StunnedDad

Topic started by StunnedDad

What are the rules for paying child maintenance if there is an agreement for shared/joint custody at 50:50. Does the higher earner have to pay any maintenance.

fairlyhas
Platinum Member

04 Apr 16 #476413 by fairlyhas

Reply from fairlyhas

If it truly is 50/50 then no child maintenance is payable.

Ray 1976
Senior Member

04 Apr 16 #476417 by Ray 1976

Reply from Ray 1976

I have my 2 boys over the 175 nights a year on the Csa site it comes back at about £60 a month .
I give my wife £100 a month .
She moans and says i should pay more , but sorry I think I''m been more than fair Mü

Lostboy67
Moderator

04 Apr 16 #476419 by Lostboy67

Reply from Lostboy67

Hi,
As far as I recall if the arrangement is 50:50 then neither parent is considered to be RP (or NRP) so there is no maintenance to pay. Who is claiming Child Benefit and tax credits ?
Having said that if there is a large difference in total income it would be reasonable to expect the higher earner to support their children a little more.

LB

Child Maintenance Options
Moderator

06 Apr 16 #476485 by Child Maintenance Options

Reply from Child Maintenance Options

Hello StunnedDad

Child maintenance is usually paid to the person with whom the child has their home and who usually provides day-to-day care of the child. I have explained further below:

If there is a family-based arrangement in place, as there are no set rules that must be followed with this type of agreement, both parents have the freedom and flexibility to decide together how they will support their child financially and whether or not any cash will be exchanged.

If child maintenance is arranged via the Government''s statutory maintenance service, which is run by Child Maintenance Service and it can be proven both parents provide equal day-to-day care of the child (for example, providing school uniforms, arranging and accompanying the child to medical appointments etc.), in addition to sharing the overnight care, and providing their home, then there is no statutory requirement for either parent to pay maintenance.

If there is a Consent Order in place, whether or not child maintenance is expected depends on the terms of the document set out in court. Legal advice should be sought if there is any uncertainty.

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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