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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 866
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My take home salary is £1032 a week. I currently pay

Resolved Question:

Hi, my take home salary is £1032 a week. I currently pay £200 a month to my ex for our son who is 13 months old (we separated when he was 5 months old). I also pay half of his nursery fees (he is in nursery 2 days a week at £70 a day, so I pay £70 a week). My ex also works full time. We both work 10 days in 9 which means that I take one day a fortnight off to look after my son. My ex does the same. My ex's mother looks after our son for the other 2 days a week .
My spends 2 overnights a week at my house. I would like it to be more. My ex says that 2 overnights a week is more than enough for a 13 month old child. She is also demanding more than £200 a month in addition to half of the nursery fees. What does the law say? She left me, I don't know whether that is relevant.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please can I ask - were you / are you married to your ex?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline, we were never married. We were engaged to be married in June but she called off the wedding in February.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming this for me.
The Child Maintenance Service has jurisdiction in relation to maintenance.
It is worth visiting their website. You should complete the on-line calculator to give you an idea what your maintenance would be.
The maintenance payable is dependant on your income. The liability is reduced in respect of the nights that your son spends with you.
You can agree to pay maintenance through a private arrangement rather than using the CMS. The mother could at any point make a claim to the CMS so it is worth knowing what your liability would be. You should consider paying maintenance in line with what is calculated - you can deduct the amount that you pay towards child care.
If you want to spend more time with your son and your ex will not agree then you could consider making an application to the court for a Child Arrangement Order.
Before you can make an application to the court - you have to refer the matter to mediation. There are lots of mediation service and there will be one close to you. One such national service is www.nfm.org.uk
Mediation will seek to assist you both to agree a schedule for your son without the need to make an application to the court.
If matters cannot be agreed at mediation - then you should consider making an application to the court. Form C100. Send to local Family Court. Court fee is £215.
Kind Regards
Caroline
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