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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 850
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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How Much Would I Have To Pay Children (7 & 10) For

Resolved Question:

How Much Would I Have To Pay For Two Children (7 & 10) For Maintenance Each Month As A Married Couple But Separated. I Currently Earn 1,300 Per Month. I Have Currently Been Paying 500 Per Month For The Last 12 Months. Is This Too Much?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
Please can I ask:
Are you paying through 1) court order? 2) private agreement? 3) child maintenance service?
Kind Regards
Caroline
Customer: replied 1 year ago.

Its A Private Aggrement Between My Wife & Myself. I Just Need To Know What I Should Be Paying.

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response and confirming that you are currently paying through a private agreement.
My apologies for my delay in responding to you.
Whilst it is encouraged to agree child maintenance payments through a private agreement - the Child Maintenance Service has Jurisdiction in respect of this area and they use a set calculation in respect of the payment that you should make.
The Child Maintenance Service will find out your yearly gross income from information supplied by HM Revenue and Customs (HMRC). They will also check if they’re getting benefits (tax credits, student grants and loans don’t count as income).
The Child Maintenance Service will check for things that could change your gross income amount (eg pension payments or other children they support). Then they’ll convert the yearly gross income into a weekly figure.
Based on a monthly income of £1300.00 - this means that your weekly income is £300.00. Although I do not know if you have a pension which you pay - which would reduce your income.
The Child Maintenance Service will then take into account the number of children the you have to pay child maintenance for, including other children living with you.
The Child Maintenance Service makes a deduction to the weekly child maintenance amount based on the average number of ‘shared care’ nights a week.
If you only had your children 0 -52 nights at your house per year then based on 2 children your weekly payment would be in the region of £48 per week. If you have your children for more nights then your liability would be less.
The CMS has a useful calculator on your website which will give you an estimate based - try:
http://www.cmoptions.org/en/calculator/y/pay/
Please also note that if you have not yet divorced - and your wife's earning capacity is less than yours - then she could ask a court whilst making a claim in respect of the matrimonial finances - for spousal maintenance.
Kind Regards
Caroline
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