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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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I have my 2 children on a 50/50 share with my ex wife, and

Resolved Question:

I have my 2 children on a 50/50 share with my ex wife, and whilst with me I pay/support them fully (food, clothes, school costs etc). Their mother gets the full Child Benefit paid to her, but I am still expected to pay around £150.00 per month Child Maintenance. Please note I have never turned my back on my children, or objected to pay maintenance when we did not have a 50/50 share. However having moved closer to my children so that I can have them half the time, I am still unable to get an answer as to why I still need to pay maintenance? Even the very helpful staff at the CSA are sympathetic and understand my question. Please note that it was myself, that originally contacted the CSA to ensure I was paying a fair amount to the childrens mother, at that stage I was living away and was only able to see my kids 2 nights a week.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
I am afraid that the simple fact is that under the CS2 rules even where there is shared care the parent who receives the Child Benefit can claim Maintenance from the other parent
This has been changed in the latest CSA changes but as yet there is no programme for transferring CS2 to CS3
Sorry - i know that this is unfair but it is the system as it is.
You could apply for the Child Benefit for one of the children so that they are shared - it will be up to HMRC whether you get it or not
Please ask if you need further details
Clare
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