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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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How does child maintenance work when separated. We have the

Resolved Question:

How does child maintenance work when separated. We have the children 50 / 50 and my soon to be ex-wife is the higher earner?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi Thank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow do the children actually share their time between you?
Customer: replied 1 year ago.
I have them 3 or 4 nights during the week / weekends. I take them to school, pick ups, provide food and clothing etc.
Customer: replied 1 year ago.
If I have them on a Friday night then they will stay with me for the Saturday being dropped back late afternoon and the same if I have them for a Saturday night. Each 4th weekend they stay with me for the complete weekend having been picked up on a Friday from school.
Customer: replied 1 year ago.
I current pay £500 per month and have been doing so since Feb of this year. This is an agreement we have between us.
Expert:  Clare replied 1 year ago.
Looking at the last month how many nights have they spent with you?
What is your gross income?
Customer: replied 1 year ago.
Approximately 18 nights in November. My gross income is £42k, my wife's is around £60k.
Expert:  Clare replied 1 year ago.
Which weekday nights do they spend with you?
Customer: replied 1 year ago.
In the main it is a Tuesday and Wednesday but this can vary depending on where my wife needs to be for her job so I am flexible and work with it.
Expert:  Clare replied 1 year ago.
You are paying too much.
Even if you had to pay something it would be 16% of your gross income subject to a 3/7ths deduction to reflect the nights the children spend with you
Given the fact that they actually spend as many nights a year with you as with their mum in fact Child Maintenance is not payable at all
Details here
http://www.nacsa.co.uk/index.php/cs3-2012-gross-income-scheme
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.
Thank you for the help this is very much appreciated.
Regards,
Simon.
Expert:  Clare replied 1 year ago.
You are most welcome - I hope all goes well
Expert:  Clare replied 1 year ago.
.
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