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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1442
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Should I be paying child maintenance? I split with my ex

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Should I be paying child maintenance?
I split with my ex partner and we went to court have an order set out to share the responsibilty of the children and I also have a set amount of overnight and holiday access.
Hello Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: - how old is your child?- is child maintenance currently being paid? - if so, please confirm if this is 1) by court order, 2) private arrangement or 3) through the child maintenance service? - do you have a true shared care order - whereby you each have your child for equal time and responsibility - that being if your child was poorly on your day - would you arrange to collect form school and care for that day? Kind Regards Caroline
Customer: replied 2 years ago.
Children are 5 & 8
I am paying through agreement. using the online calculator.
My ex partner have them slightly more. I have Wed after school until Friday before school on week 1 and Friday after school until Monday at school on week 2. We then share holidays 50/50. If the kids are ill i will collect and look after on a day that is stated as mine.
Hello Thank you for your response. I can confirm that you will still have to pay maintenance - although it will be a reduced rate taking into account the nights that you have the children. Unfortunately for you - child maintenance should only not be claimed when there is a true shared equal care arrangement in place. As in your case - your ex has the children slightly more then she is still entitled to claim child maintenance. I am sorry as I know that this is not what you want to hear but I have to tell you the position. Should the position alter in the future - that being your arrangement becomes equal or if in the event that you start to provide more care then your ex - then you should look to stop maintenance or even claim it yourself. In this case its best to keep a diary so that you can prove the position if your ex tries to dispute this. I hope this helps. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
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