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Confused

  • Jay70
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13 May 10 #203711 by Jay70
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Hi.

I wonder if anyone could help me understand a few things as I'm totally confused at the moment.

My wife and myself will be sharing the custody of our daughter (she will be living with me for half the week and my wife for half the week). My wife has said that she will be classed as the resident parent (and claim maintneance off me) but wouldn't we both be classed as resident parents if we share custody equally? She also backed this up by saying she has parental responsibility, but as we subsequently married after our daughters birth then I thought we both have parental responsibility?

All these different terms are confusing. Is anyone able to shed any light on this?

Many thanks.

  • Chezziebell
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13 May 10 #203769 by Chezziebell
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www.direct.gov.uk/en/parents/parentsrights/dg_4002954

I have copied and pasted a link above, explaining about parental responsibility - I hope the link works.

If you are splitting the care of your child equally, then this will count as 'shared care' from the CSA. You get a reduction in the amount you pay on a monthly basis depending on how many nights you have your child. Have a look at their website for clarification.

When she says 'resident parent' do you mean she has a residence order? Or does she mean something else?

  • Fiona
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13 May 10 #203773 by Fiona
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Under the Children Act 1989 when both parents were married they both have parental responsibility and are treated as equals by the law. Most parents decide the living/contact arrangements between themselves and it's only when the courts get involved that orders might be made for sole residence/shared residence/contact.

For child support purposes the parent in receipt of Child Benefit is deemed the parent with care and can claim child maintenance from the "non resident" parent. CB for one child cannot be split but when there are two children it's possible for each parent to claim CB and CM from the other parent.

  • Jay70
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13 May 10 #203784 by Jay70
Reply from Jay70
Thank you so much for the replies. It's very much appreciated.

My daughter will probably spend four nights per week at mine, 3 nights at my wifes, then 3 nights for me and 4 nights my wife the following week, etc.

I think my confusion arises because we will share the parenting (so no "non-resident" parent as far as I can see) and we also both have parental responsibility, so where does maintenance fit in?

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