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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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 2 children. One stepson, and one biological son. I have

Customer Question

I have 2 children. One stepson, and one biological son. I have both children for 6 nights out of*****order. But residency is still with the Mother. I am continually having to deal with the CSA (CSS now?).
My question is this. Can I claim any money from my ex for caring for my stepson? He is with me (almost) half the time and I look after him just as I look after my biological son. Paying for school trips etc as well as providing all his other needs.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. The CSA would work out who is the main carer is based on the facts. So if she receives the relevant benefits, or has a "residence order" for the child then she should be the recipient of child maintenance. However, if your care of the child is fully 50-50 then you could argue to the CSA that you should not be liable for child maintenance.
Customer: replied 1 year ago.

What is 50/50? If I have them 6 nights and 7 days out of 14, can I argue this is 50/50?

Customer: replied 1 year ago.

Also, the question was directed at my stepson who is not biological. Can I claim anything for looking after him? Is this relevant at all?

Expert:  Harris replied 1 year ago.
Apologies, you would not be able to claim child maintenance (nor would you ex) in relation to your step-son unless he has been adopted by you. However, you could request this as a voluntary agreement. That arrangement could be argued as 50-50 but you would also need to demonstrate that you meet their day to day living needs.
Expert:  Clare replied 1 year ago.
HiTo give some clarity.Since your biological child is only with you 6 nights out of 7 the mother remains the "main carer" - and indeed unless your case falls under the newest scheme (CS3) even a 50/50 split would not change things So far as your stepson is concerned again you cannot make a claim since he is not with you 50% if the time - although in his case if it did change you WOULD be able to make a claim since she is a biological parent.The best option is to try and negotiate matters using Family mediation so that one of you claims Child Benefit for each childClare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Expert:  Harris replied 1 year ago.
Hi, just checking to see if you had any further questions regarding this issue. Please rate positive if you found the information helpful.

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