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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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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! As part of the childcare arrangement my ex-husband

Resolved Question:

Hello!
As part of the childcare arrangement my ex-husband is responsible to the two children (10 & 8) every Tuesday from 3.30pm and every other Thursday (3.30pm and overnight) as well as every other weekend.
When the childcare arrangements were agreed the girls went to after school club and I paid as I was at the time of the childcare arrangements. Since September 2014 the girls have been going to an after school club at school that is free. However, this club is now finished and my ex is expecting me to put the girls into after school club again and to pay for them when I was paying for it by error in the first place a year ago. Where do I stand legally on this? Also, on Thursdays the girls were going to choir however, my youngest has decided to give this up. I sent an email to my ex to explain that if she gave it up then he would be responsible from 3.30pm on the Thursdays that he had her. He phoned to say that he agreed for her to give up choir. However, again he is now expecting me to pay for the after school club.
On both accounts I don't feel I should pay. He pays me 20% of his salary as part of the financial settlement but this is for everything for the girls. Part of the amount is paid in childcare vouchers however this is for me to use and as a tax benefit to him not for him to spend on my behalf.
I have two questions:
1) Do I have to pay for these two evenings after school clubs for the girls when he is clearly responsible from 3.30pm on both of these days according to the childcare arrangement document
2) Where do I stand legally if he books the girls into the after school club and then the club assume I will pay and add the bill to my account?
Thanks
Lucy
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
You can indeed insist that he pays for the Child Care on these evenings since they are the evenings he has them. You can also notify the Club that you will not be responsible for those nights.
However you do need to be aware that he is paying more Child Maintenance than he has to - as if he applied for an assessment to replace the Court Order he would be granted a reduction in the payments to reflect the fact that he has the children overnight more than 53 nights a year.
Only you can decide if that is worth it!
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Perfect! Thank you.
He tells me regularly that he can pay less than he is currently paying! He quotes 3/14 less (as he has the girls 3 nights a fortnight) is that correct? The reason he pays what he does is because he wanted me to stay where he lives and it's one of the most expensive parts of the country. In the financial settlement document we have agreed to review the finances once a year in May and it also states how they are calculated and the percentage. Presumably he has to pay this amount until he applies to court to change this? Can I challenge this as well if I can prove the girls cost more than that to stay where we are?
Also I pay for all their activities eg guides/brownies/swimming lessons/club music and dance lessons. He has started to not take them on the weekends he has them. What are the rules for paying for these lessons? Should it be from my money and I pay for them all or should it be paid 50:50 at the time of the request for money?
Thanks
Expert:  Clare replied 2 years ago.
Hi
He would not need to go to court to change the child maintenance - he could apply to the CMS for an assessment, which would be for 16% of his GROSS income subject to a 1/7 reduction as he has the children more than 52 nights a year but less than 104.
You will not be able to challenge the basis of the assessment - and I am afraid that yes you are expected to pay for all their activities - unless it is an activity that he wishes them to do and you do not
Clare
Customer: replied 2 years ago.
Thank you. 16% of his gross income before any pension or tax? And presumably based on his p60 gross income amount?
Expert:  Clare replied 2 years ago.
Hi
Before Tax - but pensions are deducted and yes based on his P60
Clare
Customer: replied 2 years ago.
That's fine then it equals about what he is paying me now although he does have an option with his work to pay a higher percentage into his pension.
One last question. If there are school trips or choir trips that are expensive eg trip to France £70 and trip to Budapest £375 - is it ok to ask him to pay half as these aren't everyday expenses? The French one there is no choice about attendance but the Budapest one isn't compulsory.
Thanks
Expert:  Clare replied 2 years ago.
Hi
The specific calculation is set out here
http://www.nacsa.co.uk/index.php/cs3-calculations
You can ask for money towards the trips - but you cannot insist that he pays it
Clare
Customer: replied 2 years ago.
Thank you
Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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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