Joint custody / CM payments

maggied_2

Hello

Hopefully someone can help.

OH has an 8yo DD with his X.

He's seeing a solictor today after a million threats to withdraw access.

The current arrangement is that OH has DD alternate weekends (Fri, Sat, Sun) and once during the week. He also takes her to her swimming lesson once a week. Therefore 5 nights a fortnight. He'd like to have her an extra night during the week which would then take him to 7 nights a fortnight.

Obviously this would mean he has her half the time - would this then be classed as joint custody?

Also we don't understand the CM part of this. (Would just like to add he's not going for the extra time to avoid paying CM - we've worked out he's been paying over the odds for some time plus pays for out of school clubs, towards uniform etc),

However it does seem that even if we have DD half the time his X can still claim CM plus all the family tax credits and child benefit.

Granted X pays for childcare although this is only 4 hours a week for SD. She finishes work at around 4 every day but then has her children (she has a son from another relationship) with various grandparents and nursery so she can go to the gym 5 nights a week - sorry having a dig but just meaning to say it's not absolutely necessary.

I don't see what other expenses she would incur by having SD for the same amount of time as OH.

At the risk of sounding really thick how does this work?

13Kent

It depends what system you are on, CSA2 does take into account the number of nights the NRP has the child, but they do have to stay overnight. How you would prove how many nights they stay I don't know. We did start keeping a diary when we were hoping to get moved from CSA1 to 2 (pipe dream - didn't happen!!) but if the PWC disputed it I know who they would believe!!

In our experience it doesn't matter what expenses the PWC has - doesn't make a difference to the assessment!

My advice would be get tough - don't pay for any extras such as uniforms- that is what the CSA money is for. We did it after I realised my OH was paying CSA and then giving her cash for other things too. It was hard - she asked for money for sports kits for a club they were going to - we refused so she said "ok you tell them they can't go then - you can't go kids because your Dad won't give me money to buy the kit" - it caused some nastiness, but they did go to the club in the end, and being tough put an end to constant requests for 'little things' which did in fact add up and left us out of pocket.

maggied_2

It would be on CSA2.

Some of the extras have stopped, but OH has continued to pay for out of school lessons as SD wouldn't get to go otherwise. Even when he pays X won't take her daughter to them on her weekends as it "eats into the weekend too much"

Because of an incident a few weeks ago http://forums.moneysavingexpert.com/showthread.html?t=1936373&highlight= it has been agreed that all contact now goes via X's mother.

X is obviously going crazy over this as she's been using any little thing to get at OH.
OH stopped paying for school dinners a while ago but X has said he does pay them (he's ended up paying them as they sent him an arrears letter but he's going to be deducting the cost from next month's CM - that should be fun).

X has no problem with involving her daughter so has told SD that "if daddy doesn't pay school dinners you won't be staying there during the week" - niiiiiiice.

This weekend X also told SD to be playing on a park behind our house at a certain time on Sunday and had 'mysteriously' taken all her uniform, coat, school bag off her on Friday evening after school before dispatching her back to nursery....

Am dreading this getting nastier.....OH really doesn't help himself sometimes....he's been giving her money without a receipt, was using her mother as his accountant until recently and has deleted all the abusive nutty texts from his phone that might have proved that she was more interested in screwing OH over than spending time with her daughter.

We're constantly trying to second guess her - we arranged to be out on Sunday evening as it fairly obvious that she was going to try and take SD back to her house in Sunday night, or cause a scene if she wasn't in the park at the specified time....we've also gone and bought a duplicate uniform in case she tries it again - even though OH paid for half of her current one!

Such hard work......

maggied_2

Sorry my question got a bit lost in there.

How can one parent claim off the other of custody is split?

If he was still giving her money would she have to pay for things like childcare out of that or would it be split down the middle?

Steve40_2

Im sure it says in the rules of csa2 that 1 night per week is a deduction of 1 7th 2 nights 2 7th upto a maximum of 7 7ths for obvious reasons it looks like care is split 50/50 so it must be 3 or 3.5 7ths reduction on what his current assessment is . i know this is right because i get 1 7th reduction for having my child 52nights a year. Your partners X needs to confirm it or the csa wont take any notice .

kelloggs36

You would pay half less another £7

meds12_2

Surely if the child is splitting their time exactly between both parents (cannot use the terms pwc or nrp!) there should be no money owed to either? Either that or each parent should have an equal right to claim from each other?

maggied_2

kelloggs36 wrote: »

You would pay half less another £7

Where does this £7 come from? Is that per week / month?

meds12 wrote: »

Surely if the child is splitting their time exactly between both parents (cannot use the terms pwc or nrp!) there should be no money owed to either? Either that or each parent should have an equal right to claim from each other?

You would think so wouldn't you.....

kelloggs36

It is £7 per week, so if the normal formula would be £35 per week, the NRP would pay £10.50 per week

HeatherH

If the childcare is split 50/50 it still goes to the one who claims the child benefit. I had this issue a few years back with my son. But saying that my ex is one of those that avoids the CSA and the case is now under law enforcement.

Hope you can sort something out x

maggied_2

Kellogs - so sorry if I've missed something - where does the £35 come from?

I still think it's a bit crackers that even if care is equally shared she will get child benefit, tax credits and a % of OH's salary.