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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33291
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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The divorce parents have joint custody of the 2 children and

Customer Question

The divorce parents have joint custody of the 2 children and have the kids 50/50. The dad now works 1 third of the year in china but his parents pick up the child care when he's away. The mother is asking for maintance. Where does the father stand with this?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Claire and I will do my best to help you but I need some further information first.
How old are the children and how exactly do they share their time between their parents
Claire
Customer: replied 3 years ago.


8 & 11 yrs old. 2 week nights each and alternate weekends (fri-sun).


L

Expert:  Clare replied 3 years ago.
Hi
Just to check - this is fully maintained even whilst you are abroad?
Claire
Customer: replied 3 years ago.


yes. Even when the father is home. His parents are asked by the mother to have the children on some of her nights.


L

Expert:  Clare replied 3 years ago.
Hi
So in the last year the children have spent more time with Dad or his parents than with Mum?
Claire
Customer: replied 3 years ago.

Yes I think so.


L

Expert:  Clare replied 3 years ago.
Hi
Who receives the Child Benefit?
Claire
Customer: replied 3 years ago.


Mother and she gets tax credits.


L

Expert:  Clare replied 3 years ago.
Hi
Just to check - there is no existing Order or assessment regarding Maintenance?
Cliare
Customer: replied 3 years ago.

No


L

Expert:  Clare replied 3 years ago.
Hi
Since she is in receipt of the Child benefit then your ex could technically apply to the CSA for a Maintenance assessment to be made.
However you will benefit from the fact that the newest rules are currently being rolled out and will cover THIS application and under those newest rules where care is indeed shared equally the assessment will be nil - so there is no cause for concern
I hope that this is of assistance - please ask if you need further details
Claire

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