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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My partner pays regular monthly child maintenance of £400

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My partner pays regular monthly child maintenance of £400 per month for his son who is now 5 years old.
He now has a court order so he has him half the school holidays.
In this instance, if he has his him stay for 1 week/or 2week periods can he reduce the child maintenance? ie if he has him to stay for 1 week - she would get £300 that month, if he has him stay for 2 week holiday - would she get £200 that month? then it revert back to the £400 when he doesn't have him for holidays - pls advise

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?

Customer: replied 1 year ago.
In response to your questions there is no formal child maintenance calculation in place - he has always given her £400 per month since he was born.His gross taxable income is £35,000. - he is self employedHe had his little boy every other weekend for 2 nights (sat &sun), and onthe weekend he doesn't see him he has him stay overnight on the Wednesday mid week. So 6 nights a month roughly (excluding holidays).Yes, half the school hols are approx 12/13 weeks.
My partner agreed to have him half of every holiday - but only 2 weeks out of the 6 weeks summer hols (as he is self employed)

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.

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 answering your question without a positive rating. Thank you

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