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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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Hello. I have just agreed a new joing residency order for

Customer Question

Hello. I have just agreed a new joing residency order for my two children. Previusly, they lived with their mother and I paid her about £800 a month in maintenance under an order. When they move in with me at the end of August, is it safe to assume I won't be paying this maintnenance anymore. They currently spend about 70 nights per year with me, but from September they will be with me in term time and some holiday, with some weekends and school holidays with their mother - totalling probably 80 nights a year. Would I be able to ask for maintenance from her (despite my income being considerably higher)? Thanks,

Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other
users, I might not always respond in
, particularly evenings and weekends. Please bear with me in that

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise
you fully.


Do you mean joint residence? I think it a typo (I make loads) but need to check.


If so, then You do not get maintenance from her but what you do pay is reduced in respect of the number of nights that the children stay with youCSA rates of child maintenance for a non resident parent earning £200-£800 per week gross are 12% for one child, 16% for 2 and 19% for 3 or more children living 100% with the resident parent. That is reduced by 1/7 for each 52 nights the child stays with the non-resident parent. There is also a reduction in the non-resident parent is responsible for other children. The rates increase for higher earners and decrease for low earners.CSA child maintenance is payable till the children reach 20 years old or leave full-time non-advanced education. Non-advanced education is generally classed as a level, not University, but there are some further education courses which are not classed as advanced. Full-time courses can be as little as 12 hours per week. Advanced education courses include: a degree, Diploma of Higher Education (DHE), NVQ level 4 or above, BTEC Higher National Certificate (HNC) or Higher National Diploma (HND), teacher training'Non-advanced' education includes the following: GCSEs, A levelsNVQ/SVQ level 1, 2 or 3, BTEC National Diploma, National Certificate and 1st Diploma, SCE higher grade or similarThe CSA booklet is here contains lots more infoDoes that answer the question? I am happy to answer specific points.Can I help further?Please don't forget to positively rate my answer service (even if it was not what you want to hear). If you don't rate it positively, then the site keep your deposit and I get 0 for my time. It is imperative that you give my answer a positive rating. It doesn’t give me, “a pat on the head”, “good boy” (like ebay), it is my livelihood!If in ratings you feel that you expected more or it only helped a little, please ask. I am offline shortly until later and will pick this up then if needed