Child Maintenance

nonnatus

Your arrangement sounds lovely for ALL involved. I hope you aren't thinking about rocking such a well balanced boat for the sake of a bit more money?
Congratulations for managing it all so well, so far....

andy9

All - thank you so much for your help.


HoneyNutLoop - I work 5 days a week, and my wife works 3 days a week, during which time my parents look after the children, so technically I am providing day-to-day care on the days she works and on the days I have the children??


Crellow4 - Thanks, I thought it unfair if we had equal custody that one party should pay the other party


nonnatus - No not looking to save some money! As I said previously I have no problem paying if that is what is required.

Mojisola

andy9 wrote: »

HoneyNutLoop - I work 5 days a week, and my wife works 3 days a week, during which time my parents look after the children, so technically I am providing day-to-day care on the days she works and on the days I have the children??

nonnatus - No not looking to save some money! As I said previously I have no problem paying if that is what is required.

Unless there is a big discrepancy in the income going into the two households, there doesn't seem to be any reason for either parent to pay CM.

Is there anything to stop their mother getting a full-time job?

HoneyNutLoop

andy9 wrote: »

HoneyNutLoop - I work 5 days a week, and my wife works 3 days a week, during which time my parents look after the children, so technically I am providing day-to-day care on the days she works and on the days I have the children??

Day to day care is not a cut and dried area. The only place in child support law where a definition is provided (as far as my research can tell) is in the Child Support (Maintenance Assessments/Calculations and Special Cases) Regulations of 1992 and 2000 respectively. (Assessments = 1993 scheme and Calculations = 2003 scheme). There is no equivalent regulation for the 2012 scheme, or in the primary legislation for any scheme and case law has confirmed the definition provided in those two regulations cannot be used for purposes out with of the scenarios described in those regulations to which the definition specifically applies.

This is a link to the case law in question and it is 15 pages long, solely deliberating on what "day to day care" means:
https://www.nacsa.co.uk/images/Day%20to%20Day%20Care.pdf

To me, it is telling, even in case law, that there is not an absolute definition of "day to day care". The Tribunal decisions that have looked at it have cited a number of considerations, but by no means said those considerations are a definitive list. Paragraph 42 in the linked decision is a good example of this.

I also think you may come a cropper, if the CMS were to become involved, in your assumption that the care your parents provide will be treated as if it is care you provide, therefore making your care equal to that provided by your wife. They could just as easily decide that your wife has some day to day care, you have some, and your parents have some, all to be considered on their own merits.

What I am mostly trying to say is that, as there are no strict definitions, there are no guarantees should an application be made to CMS. It would be much better, I personally think, if you and your wife could continue with your own arrangement in some shape or form, rather than risk the decision being taken out of your hands entirely.

jacklink

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