Maintenance payments on 50/50 split?

MishterTea

Hi,

My partner and her ex up until now have had a private agreement that he pays her maintenance each month as she is the primary carer and receiver of child support. He's now decided to have the children on a 50/50 split (having them 1 extra day/night per week) and stop giving her any money.

Can anyone advise on whether he should still be paying her any maintenance? If she decided to go through the CSA would she be entitled?

Any advice would be greatly appreciated as she's very worried about this siutation.

Regards,
- MishterTea

go_cat

he is not the primary carer by having the childre one day a week so things shouldn't change she will still be having them the rest of the week

MishterTea

Hi, sorry - typo there (now corrected) - it should have said 1 extra night per week. He basically would have them 4 days and 3 nights..

shell_542

Is there already a CSA case open? If not, then there isn't a hard and fast rule for private agreements and 50/50 care. Some people think that child support shouldn't be paid ... especially as one parent will be receiving child benefit and possibly tax credits anyway. Some think it should still be paid.

If there is no case with the CSA open and she went to them it would depend on the circumstances of your partner ... but unfortunately, the CSA do not deem 50/50 as a reason for maintenance to stop, regardless.

Check out the CSA website, they have an online maintenance calculator where he can put in his income details and that he has the child 50% and see how much money they would ask from him.

shell_542

Basically with the CSA, they disregard 1/7th of the child support payable for every day a week the child stays with the NRP. If the parents have 50/50 care, this only equated to 3.5/7th of a reduction. (Daft IMO)

MishterTea

Thanks shell_542,

There isn't currently a CSA case open but based on what you've said and looking at the calculator he would still have to contribute if my partner were to go down that route.

The CSA reduction does seem a bit daft, but at the same time I can still understand the need to contribute. Tricky one really..

oompahloompah

I can't say how accurate this information is but a friend of mine told me that her ex didn't NEED to pay maintenance for their 2 kids as they shared custody 50/50. He did however pay her £100/month per child til they left uni (one still there) to contribute to clothing costs etc

shell_542

oompahloompah wrote: »

I can't say how accurate this information is but a friend of mine told me that her ex didn't NEED to pay maintenance for their 2 kids as they shared custody 50/50. He did however pay her £100/month per child til they left uni (one still there) to contribute to clothing costs etc

It's accurate if they had a private agreement. The ex wouldn't have needed to pay because your friend decided he didn't.

If they had a CSA case open, then he may have been made to pay as they do not cancel out any maintenance for 50/50 care. It depends on the circumstances. Like the OP said, she ran their details through the online calculator and the CSA would STILL demand money from her partner for child support even though he has the children 50% of the time.

oompahloompah

shell_542 wrote: »

It's accurate if they had a private agreement. The ex wouldn't have needed to pay because your friend decided he didn't.

If they had a CSA case open, then he may have been made to pay as they do not cancel out any maintenance for 50/50 care. It depends on the circumstances. Like the OP said, she ran their details through the online calculator and the CSA would STILL demand money from her partner for child support even though he has the children 50% of the time.

There was no CSA involvement with my friend, just the lawyers, so it might indeed be different when the CSA are involved. It wasn't my friend who decided dad didn't need to pay (or indeed the ex-husband, I asked her!) but it might be a different set of rules in Scotland.

Mojisola

MishterTea wrote: »

My partner and her ex up until now have had a private agreement that he pays her maintenance each month as she is the primary carer and receiver of child support. He's now decided to have the children on a 50/50 split (having them 1 extra day/night per week) and stop giving her any money.

He may have asked to have them for the extra time - she should say no. Why is she letting him control her like this?

shell_542

Mojisola wrote: »

He may have asked to have them for the extra time - she should say no. Why is she letting him control her like this?

Why is it controlling? It would appear the extra overnight was agreed or else there would have been no need for te reassessment of the maintenance.

Surely if the children are happy for the extra overnight, that is more important than the OPs partner saying "I'm not having you controlling me, no the children will not have the extra overnight".