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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15708
Experience:  30 years as a practising solicitor.
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My partner has an informal agreement with his ex over their

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My partner has an informal agreement with his ex over their children. They have a rolling 3 week pattern of when they stay with her and with him, which means on average they stay with us 2 nights per week. She’s told him what dates he needs to cover in the summer school holidays. Which are basically her working days. This would mean he would have them 50% of the time over the school holidays and she’s said this is his obligation (he’s more than happy to do it) but does he have to pay maintenance that month? As hell have them 50% of the nights (and he does that every school holiday) and if not then does he adjust the monthly payments to reflect this or does he just not pay her in school holidays. Thanks. Heather
JA: What steps has your partner taken? Have they filed any papers in family court?
Customer: no, it was all working fairly well informally. But lately she’s making more demands
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your partner live in?
Customer: flintshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: She comes across as quite selfish, demeaning him in front of the kids, doesn’t discuss parenting with him,

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Customer: replied 5 days ago.
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Thanks for your question. I am a solicitor in Scotland and can help you with your question today. Is there an order for maintenance or is it agreed informally too?

Customer: replied 5 days ago.
It’s all agreed informally, but based on the advice tools on the government website.
My boyfriend is happy to just keep paying and not rock the boat. He’d have the children any night she asked above and beyond their normal agreement. But on top of the maintenance he also pays for half of any school clubs, uniforms and school trips. It’s just on school holidays we seem to have them most nights. Christmas was 14 nights out of 17. This summer we’ve been given dates to cover for child care above and beyond what normally happens (again my boyfriend will bend over backwards to accommodate) but it means we will have them 22 Nights out of 35. I just wondered how we broached the issue of maintinence over these times.

Thanks. You’ll know from using the child maintenance calculator that the amount of maintenance is calculated partly on the number of nights PER YEAR that the so called absent parent has the child. So if the number of nights per year increases so the maintenance is adjusted to reflect that. It’s not as simple as just not paying during holiday periods. The overall weekly or monthly maintenance should be recalculated. I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15708
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you