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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2550
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My ex wife is saying that during the 12 week school holidays

Customer Question

my ex wife is saying that during the 12 week school holidays she will sort out childcare for 6 weeks and I have to do the same. the 3 children live with their mother. is this true?
Submitted: 9 months ago.
Category: Family Law
Expert:  Harris replied 9 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-How old are the children?

-Are there any court orders in place, if so what are the terms?

-What are the current arrangements for the children for both of you during the school holidays?

Customer: replied 9 months ago.
14, 11,*****orders
no arrangements at the moment, I am having the children 2 nights a week for 3 weeks out of each month
Expert:  Harris replied 9 months ago.

Thanks. Child care is the responsibility of the parent with whom the children are supposed to be with during the time that the care is required unless there is a court order directing for this to be paid.

If you do not voluntarily contribute towards this (which you have no obligation to do), then she can pursue an application for child maintenance which is based on your gross income - please confirm this if you wish to receive the legal liability amount for child maintenance.

I hope this assists you. 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 your question without a positive rating. Thank you.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2550
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 9 months ago.
thanks very much, we have sorted maintenance payments between ourselves and I pay £400 a month. is this amount what I should be paying roughly do you think. my pay is £13.53ph....40 hours a week, minus a 5% for pension. so £28142 before deductions.
Expert:  Harris replied 9 months ago.

Thanks. Based on a gross taxable income of £28,142 and the children staying overnight with you 1-2 nights a week (on average) and there being no other children in your care your legal liability is £88 per week for all three children - therefore approximately £381 per calendar month.

Customer: replied 9 months ago.
cheers, ***** ***** take overtime / bonus payments in to consideration...even though they are not guaranteed and change year on year? I should have the children approx. 80 days / nights year including when I plan to take them away for a week.
Expert:  Harris replied 9 months ago.

All taxable income should be included in the gross income. Even at 80 days a year this will not change the above calculation as the threshold for your case is 52-103 nights per week (ie. 1-2 nights per week on average.

Customer: replied 9 months ago.
thanks so then what is the best way towork this out when I don't know what I am going to earn this year?
Expert:  Harris replied 9 months ago.

If an application is made to the CMS by her, they will use the most recent complete tax year figures to calculate your liability.

Customer: replied 9 months ago.
no problems thank you. I am moving in with my new partner and thinking about having a child together....how will this effect my maintenance commitments?
Expert:  Harris replied 9 months ago.

If you have a child in your care with your new partner this will reduce your child maintenance liability by 11%

Customer: replied 9 months ago.
thank you for your help, last thing my ex wife owes me from the house we own together. we agreed that with the current value of the property take away legal fees etc she will pay me £13,000. she has decided to get a loan to pay this money but says she cant do it while my name is ***** ***** mortgage. she has said that her solicitor will do an equity release....is this a safe option for me? I don't want to take my name of the mortgage then left with nothing.
Expert:  Harris replied 9 months ago.

You should have your financial agreement contained within a consent order which is submitted to court to finalise the finances between you. If you do not do this your ex-wife will be able to pursue a financial relief claim against you at any time up to a remarriage by her or her death. There is also no enforcement available to you if she rescinds her above agreement unless there is a court order.

Customer: replied 9 months ago.
thank you very much.
is there anything that I should be doing that people forget about in relation to my children, I don't want to neglect my children or to go to court at any point and a judge say I should have done x y and z?
Expert:  Harris replied 9 months ago.

As long as you continue to meet your child maintenance liability and keep to your agreed arrangements and meet their care and day to day needs there should be no criticism towards you.

Furthermore, if you wish to make any major decisions regarding their upbringing (eg. health decisions, education, religion etc) this must be done with the mother as you both have parental responsibility by virtue of marriage. You must both also obtain the consent of the other if you wish to leave the UK for a holiday with the children.

Customer: replied 9 months ago.
thank you very much Harris.
Expert:  Harris replied 9 months ago.

No worries, 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

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