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Hi, thank you for your question. Just a bit more information required to fully assist you, as child maintenance is calculated on an average basis of how much time the child spends overnight with the non-resident parent:
-Is there a formal child maintenance calculation in place or are the arrangements currently voluntary?
-What is your partner's gross taxable income?
-How many nights on average does your son stay overnight each week outside of school holidays?
-How many weeks will it work out per year for school holidays - I have calculated 13 weeks - so half would be approximately 45 nights?
Thank you for confirming. I have calculated that he has him on average over the course of the year for between 52-103 nights. Therefore legally, on the gross income of £35,000 and having no other children in his care he is legally liable to pay £69 per week - or £299 per month. Over the course of the year this works out to be £3588 - so for him to be complying with his statutory duty he needs to be providing you this amount over the course of the year.
You should also be aware that as the arrangements are voluntary, if he stops he does not accrue arrears and has no liability to pay you anything. It only becomes enforceable if there is a formal child maintenance assessment in place with the Child Maintenance Service.
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