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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?
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.
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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.
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.
If an application is made to the CMS by her, they will use the most recent complete tax year figures to calculate your liability.
If you have a child in your care with your new partner this will reduce your child maintenance liability by 11%
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.
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.
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