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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 11751
Experience:  30 years as a practising solicitor. Partner in own firm.
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Am I entitled to child maintenance from my ex husband?

Resolved Question:

Hi there, my ex-husband is telling me that I am not entitled to child maintenance as we share the childcare 50/50. He earns 4 times my salary (he earns £59k and I earn £15k). He currently pays me £200 per month. We have 2 children. He lives in the family home and I moved out and am renting. Should he be paying me maintenance and if so, how much? I receive the family allowance payments.
Submitted: 3 years ago.
Category: Family Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Because you are getting the family allowance, you are deemed to be the parent with care and he is deemed to be the absent parent so you are entitled to child maintenance. He is entitled to a discount if he has the children for so many nights per year.

For example, I calculate that if there are two children and he has them for half the nights of the year and he earns £59000 per annum, (that is about £1134 gross per week but any pension contributions would have to be deducted), his child maintenance liability would be about £70 a week in total which is £303 per month.

So he is just over £100 per month short. If the number of nights he has the children is less than 175 the amount of maintenance would be increased accordingly.

I hope this helps. Please leave a positive response so that I am credited for my time.
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