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Child Support

Really had enough
Posted by
Junior Member

16 Jan 15 #453863 by Really had enough

Topic started by Really had enough

Hello. I''m through my divorce now and fairly settled. I was left with nothing after the divorce as there was no equity in the house due to the recession and it was a pre marital asset (which is now the law after a case was won a couple of years ago) even though I''d paid the interest on the mortgage for almost 10 years!! The court order gave me six months free of child support so I could get back on my feet (not very long at all when you''ve been left with nothing.

In a couple of weeks my ex wife will be gunning for child support. Her lies about me to get what she wanted during the divorce were amazing so I''m sure she''s going to do some lying this time too. I see my Son on a Tuesday after school and have him overnight at my rented flat. I also have him on a Friday after school overnight and all day Saturdays also overnight. So 3 nights each week. This has happened without fail for almost 6 months and I''ve loved every minute of it.

My main question is will I still be expected to pay 15% UK child support? I don''t see how this would be fair if I do and can give you many reasons why. I''ll wait to hear from someone before I give you those reasons but they''re just fairly obvious ones relating to costs etc.

somuch2know2
Platinum Member

16 Jan 15 #453868 by somuch2know2

Reply from somuch2know2

I think you can argue that you have 50/50 care, in which there is no child support due to towards the other person. Although I am not certain, I am pretty sure I have read this

Fiona
Platinum Member

16 Jan 15 #453870 by Fiona

Reply from Fiona

Was child maintenance included in a Consent Order or an Order of the Court? IF so the order is legally binding and enforceable unless the order ceases to have any effect or the court varies the amount.

When child maintenance is agreed as part of a Consent Order settling the finances on divorce either party can usually apply for a Child Maintenance Service calculation after 12 months of the date of the order. The CMS notifies the court and the Consent Order ceases to have any effect a couple of months later.

3 nights a week isn''t exactly 50:50 shared care. Under CMS rules the basic rate is 15% of gross income for one child, minus a deduction for the number of nights the child stays with the paying parent. See the child maintenance calculator at CM Options website or www.gov.uk

When care is shared equally 50:50 the CMS cannot process an application. When the CMS cannot process an application the courts have jurisdiction and any existing order for child maintenance remains in effect.

Child Maintenance Options
Moderator

19 Jan 15 #454101 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Really had enough

The 15% which is mentioned no longer applies as this was the calculation that the Child Support Agency (CSA) used to use. They no longer deal with new applications, they are now dealt with by the Child Maintenance Service. Under their rules, the basic rate of maintenance for one child is 12% of the taxable gross income.

The times that you look after your son overnight are also taken into account when calculating maintenance, although 3 nights per week would not be classed as 50/50 care as mentioned in another reply because 3 nights per week is not 50% of the week.

You can see detailed information about how the Child Maintenance Service work out their calculations here, www.gov.uk/government/uploads/system/upl...hild-maintenance.pdf

If you would like an indication of the amount of maintenance that the Government would consider to be reasonable for you to pay, you can use the maintenance calculator on the Child Maintenance Options website, www.cmoptions.org

The Child Maintenance Service are just one option available for arranging maintenance payments, if you would like further information on the other options and a more personalised service, you can contact Child Maintenance Options directly.

The Department for Work and Pensions (DWP) have a web application, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is www.wikivorce.com/divorce/Sorting-Out-Separation.html

Regards

William

Fiona
Platinum Member

19 Jan 15 #454110 by Fiona

Reply from Fiona

Yes, apologies15%,was a typo. That''s an example of why you need information from the horse''s mouth rather than rely on internet forums.

somuch2know2
Platinum Member

20 Jan 15 #454186 by somuch2know2

Reply from somuch2know2

what would be considered 50/50 care?
There are only 7 days, which means there are only 7 nights.. one cant split that as logically it would mean waking the child up middle of the night?

Or are these days supposed to be made up in holiday times?

just curiou

Fiona
Platinum Member

20 Jan 15 #454193 by Fiona

Reply from Fiona

Shared care is based on the yearly average number of nights children spend with parents . When care is shared 3:4 nights weekly and half the school holidays the parent with the minority of care has 40 days less annually. Shared care 50:50 would be every other week, alternating weekly between 3 and 4 nights or any other combination that amounts to an exactly equal number of nights over a year.

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

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