Shared Care - responsibilities beyond maintenance

jayMSnovice

Hello

My ex and I have shared care over our 2 kids, however I look after them slightly more (4 nights per week during term time), and so child maintenance has been awarded in my favour.

The amount awarded has significant deductions due to the nature of our shared care (residence works out to be about 55% with me, 45% the ex), so the payments are helpful but not massive.

My ex has now said that since maintenance has been awarded they have zero obligation to contribute to things like school clothes, school trips, shoes, coats etc etc. Is that correct? I would have thought that would have made sense if my ex wasnt sharing care and only had visitations, etc?

thanks for any advice

Sambella

Generally shared care is about each parent being responsible for costs in their time with the children. Food, electric, days out etc

Only one of you gets child benefit. Maybe this person gets child tax credit too as well as a small amount of maintenance. This is all to help with costs of raising a child so perhaps they could do the clothing? The ex could be responsible for replacing anything that got lost or damaged in their time (ripped trousers etc) this could be a good compromise maybe.

School trips might be worth getting an agreement over (there is no compulsion) possibly paying same share as care 55/45? As if the trip is for a week some days would have been your days and some theirs if you get my drift.

DUTR

jayMSnovice wrote: »

Hello

My ex and I have shared care over our 2 kids, however I look after them slightly more (4 nights per week during term time), and so child maintenance has been awarded in my favour.

The amount awarded has significant deductions due to the nature of our shared care (residence works out to be about 55% with me, 45% the ex), so the payments are helpful but not massive.

My ex has now said that since maintenance has been awarded they have zero obligation to contribute to things like school clothes, school trips, shoes, coats etc etc. Is that correct? I would have thought that would have made sense if my ex wasnt sharing care and only had visitations, etc?

thanks for any advice

Technically yes, the ex is correct, any contribution beyond statute contribution is at their discretion.

WYSPECIAL

jayMSnovice wrote: »

Hello


My ex has now said that since maintenance has been awarded they have zero obligation to contribute to things like school clothes, school trips, shoes, coats etc etc. Is that correct? I would have thought that would have made sense if my ex wasnt sharing care and only had visitations, etc?

thanks for any advice

In theory they have already contributed to these things, whether they go on trips etc or not, as they have paid maintenance. Anything else is on a voluntary basis.

It may be better to ditch CMS and split costs between you.

Guest101

jayMSnovice wrote: »

Hello

My ex and I have shared care over our 2 kids, however I look after them slightly more (4 nights per week during term time), and so child maintenance has been awarded in my favour.

The amount awarded has significant deductions due to the nature of our shared care (residence works out to be about 55% with me, 45% the ex), so the payments are helpful but not massive.

My ex has now said that since maintenance has been awarded they have zero obligation to contribute to things like school clothes, school trips, shoes, coats etc etc. Is that correct? I would have thought that would have made sense if my ex wasnt sharing care and only had visitations, etc?

thanks for any advice

Why did you apply to the CMS??


Clearly that has put your ex's nose out of joint.


- yes he/she is correct.


- no such thing as shared care / visitation in the UK

DeborahSt

Guest101 wrote: »

- no such thing as shared care / visitation in the UK

Step 6 - shared care

This is when a paying parent’s child stays overnight with them.
In these cases, the Child Maintenance Service makes a deduction to the weekly child maintenance amount based on the average number of ‘shared care’ nights a week.


https://www.gov.uk/how-child-maintenance-is-worked-out/how-the-child-maintenance-service-works-out-child-maintenance

Caz3121

do you receive the child benefit/tax credits for both children or do you claim for one child each?

Guest101

DeborahSt wrote: »

Step 6 - shared care

This is when a paying parent’s child stays overnight with them.
In these cases, the Child Maintenance Service makes a deduction to the weekly child maintenance amount based on the average number of ‘shared care’ nights a week.


https://www.gov.uk/how-child-maintenance-is-worked-out/how-the-child-maintenance-service-works-out-child-maintenance

It's still not a 'thing', it's just a nice way of naming something.


Shared care when used correctly is the idea that a child (or children) would spend equal amounts of time with each parent, and those parents would split any child related benefits.


In your example that's just what a normal and decent human being should do.

Tammykitty

Guest101 wrote: »

It's still not a 'thing', it's just a nice way of naming something.


Shared care when used correctly is the idea that a child (or children) would spend equal amounts of time with each parent, and those parents would split any child related benefits.


In your example that's just what a normal and decent human being should do.

But what the system refuses to recognize.


What some parents with shared care and 2 children do is "have" one each - ie: claim the benefits for only 1 child, so that both gets benefits.


If there is big discrepancy in income, Child support can be claimed off each other 2.


With a 55/45 spilt I wouldn't have went for maintenance but would have asked for half of school costs etc - by going for child support, if I was ex, I would also say you are now fully responsible for school costs etc.

Sambella

It will be interesting to see what happens when the third child rule begins.

Possibly the system may start to see lots of ex's keeping one child or even some pretending to be ex's.

Robin-o'-the-Hood

WYSPECIAL wrote: »

In theory they have already contributed to these things, whether they go on trips etc or not, as they have paid maintenance. Anything else is on a voluntary basis.

It may be better to ditch CMS and split costs between you.

Good advice. If you are both mature people who only want the best for the kids you will have no problem. Use the common sense God gave you.