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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been divorced 6 years and up until now my ex was

Customer Question

Hello, I have been divorced for over 6 years and up until now my ex was paying child maintenance at 20% of his income regardless of how many nights he had the children, and agreed that because of this I would pay all childcare arrangements (we both work full time) - his choice at time of divorce. He has now gone to CMS and got a new figure taking into account his nights (50/50 share) which is fair enough. However, what we are both unsure about is whether the child maintenance amount should cover childcare or whether childcare that he needs, i.e. after school club as he cannot collect at 3.15pm on his night should be paid by him or I should pay from child maintenance.
Can you advise please? I've looked on CMS website etc. but it is unclear
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. The calculation provided by the CMS will be his full legal liability to provide for the child and this amount will go towards all the costs of the child, including child care.

Depending on his income, you may be able to apply to court for a "top-up" child maintenance payment which will be in addition to the CMS amount - if you are able to confirm his gross taxable income I can inform you if you have grounds to pursue such a claim.

In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 1 year ago.
Thank you. I can confirm his income for FY 14/15 9which CMS have used) was £57,280 per annum.
Expert:  Harris replied 1 year ago.

Thank you, ***** ***** case only the CMS have jurisdiction and you will not be able to apply for a top-up as his income will need to be above £2,000 net or £3,000 gross per week.

If you have not remarried since the divorce, and no financial settlement was approved by the court, you will still be in a position to pursue an application for financial relief in relation to spousal maintenance (if you are unable to meet your reasonable needs) and any property, assets or pensions.

I hope this assists you further. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you, ***** *****
Expert:  Harris replied 1 year ago.

Thank you - I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris

Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a family solicitor for more than 30 years.
For clarity you are NOT responsible for any child care costs on days or times when the children are in his care.
he has received a reduction in his maintenance to reflect the fact that he is responsible for the children during those periods so the child care is his to arrange and pay for

Clare

Customer: replied 1 year ago.
Thank you for replying. So the advice received contradicts each other - could you point me the direction of something where it explicitly states one way or the other please?
Many thanks
Expert:  Harris replied 1 year ago.

Apologies for the confusion - I had stated that the child maintenance he pays covers any child care costs that you have. My colleague is correct in further stating that you should not be paying him anything for when thr child is with him as the CMS have concluded that he is liable to pay child maintenance.

Expert:  Clare replied 1 year ago.

For clarity my colleague is confirming that YOU are responsible for Child care costs incurred when the children are in your care - and you cannot claim any extra costs to cover it.

Your ex is responsible for all Child care costs when they are in his care

Customer: replied 1 year ago.
Thank you both for the confirmation.
Expert:  Harris replied 1 year ago.

Thank you - I hope it goes well.