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Maintenance for shared custody
#1
Hi all,

I'm in the process of reviewing the access I have, and very possibly going for shared custody. 

a) What is deemed shared custody in night-count - is it literally 182.5 nights a year? 


b) How does shared custody affect Maintenance - being that neither parent needs to be 'reimbursed' for having the kids for more time?

c) Being that it's 365 days a year, does the parent who has 183 nights have a 'casting vote' on decisions or a right to be paid more maintenance?


DL
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#2
(07-31-2017, 02:19 PM)daddyshortlegs Wrote: Hi all,

I'm in the process of reviewing the access I have, and very possibly going for shared custody. 

a) What is deemed shared custody in night-count - is it literally 182.5 nights a year? 


b) How does shared custody affect Maintenance - being that neither parent needs to be 'reimbursed' for having the kids for more time?

c) Being that it's 365 days a year, does the parent who has 183 nights have a 'casting vote' on decisions or a right to be paid more maintenance?


DL

In terms of entitltement to claim for a child, the deciding factor is who gets Child Benefit.

This is who exceeds 50% of the nights, and if noone, who has the most daytime care. Unfair as it is, you need to evidance you exceed the mother, or she will get it.

The person who gets Child Benefit can clalim Tax Credits for the Child, and their occupany counts in a Housing Benefit Claim.

If your married on the day of birth, or named on the Birth Certificate, you have PR. That means that until a Child Arrangments (or Consent) order is made, your on the same legal standing.

Even as the non resident parent, your ex had to seek your opinion on eductation and medical matters, but she would have the final say if you do not agree.

In a straightforward case, its your Income (P60 or Self Assesment Gross Profit) what is looked at.
The considered income can be changed, if you have exceesive travel for contact costs, paying off debt from the relationship or if you have Pension Contributions, Benefits in Kind etc.

If during a case year (the date you or your ex instructs CMS), your expected income for the case year is going to change either way by 25%, then its reportable and you pay based on that income.

If you go onto some means tested benefits, it restricts how many you can be expected to pay.

There is then a reducation, if you or any new partner have children living with you, who either of you must get Child Benefit for.

The the "Staying" contact is looked at. It is in brackets, what are 0-52 nights, then 53-104, 105-156, 157-175 and 176+.

There is conflicting information online about shared care cases, but my understanding based on the Dot Gov Website Child Support Calculator, https://www.gov.uk/calculate-your-child-maintenance is that its payable, but its not going to be a lot unless your earning in excess of £20,000 a year.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#3
(07-31-2017, 03:19 PM)MarkR Wrote:
(07-31-2017, 02:19 PM)daddyshortlegs Wrote: Hi all,

I'm in the process of reviewing the access I have, and very possibly going for shared custody. 

a) What is deemed shared custody in night-count - is it literally 182.5 nights a year? 


b) How does shared custody affect Maintenance - being that neither parent needs to be 'reimbursed' for having the kids for more time?

c) Being that it's 365 days a year, does the parent who has 183 nights have a 'casting vote' on decisions or a right to be paid more maintenance?


DL

In terms of entitltement to claim for a child, the deciding factor is who gets Child Benefit.

This is who exceeds 50% of the nights, and if noone, who has the most daytime care. Unfair as it is, you need to evidance you exceed the mother, or she will get it.

The person who gets Child Benefit can clalim Tax Credits for the Child, and their occupany counts in a Housing Benefit Claim.

If your married on the day of birth, or named on the Birth Certificate, you have PR. That means that until a Child Arrangments (or Consent) order is made, your on the same legal standing.

Even as the non resident parent, your ex had to seek your opinion on eductation and medical matters, but she would have the final say if you do not agree.

In a straightforward case, its your Income (P60 or Self Assesment Gross Profit) what is looked at.
The considered income can be changed, if you have exceesive travel for contact costs, paying off debt from the relationship or if you have Pension Contributions, Benefits in Kind etc.

If during a case year (the date you or your ex instructs CMS), your expected income for the case year is going to change either way by 25%, then its reportable and you pay based on that income.

If you go onto some means tested benefits, it restricts how many you can be expected to pay.

There is then a reducation, if you or any new partner have children living with you, who either of you must get Child Benefit for.

The the "Staying" contact is looked at. It is in brackets, what are 0-52 nights, then 53-104, 105-156, 157-175 and 176+.

There is conflicting information online about shared care cases, but my understanding based on the Dot Gov Website Child Support Calculator, https://www.gov.uk/calculate-your-child-maintenance is that its payable, but its not going to be a lot unless your earning in excess of £20,000 a year.

Thanks. If my proposal is accepted I will be over 176 nights (from around 120 now, so would still save). I just wasn't sure that, if it goes to say 183, whether I'd automatically stop having to pay her at all. Certainly not trying to get out of it, but I'd rather save for their futures etc.

She gets the child benefit (statutor one) but not sure on any others. If we went 50/50, do I have a right to any of the benefit - just as a token acceptance of shared custody?

She's refused to go formally through CMS before (telling me I'd have to do the route where we both pay for the service if I do and on the other hand threatening to rfuse access if I lowered the payments in line with their calculator). Can she force me to use that route if I am happy to pay her direct?
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#4
My ex wanted to go direct, when I contacted them they said to me that they had no reason to believe I wouldn't make the payments. Only if and when I miss one or two would they step in and "force" me to do direct pay

Sorry not direct pay. The one with fees
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#5
(07-31-2017, 04:20 PM)Jaz184 Wrote: My ex wanted to go direct, when I contacted them they said to me that they had no reason to believe I wouldn't make the payments. Only if and when I miss one or two would they step in and "force" me to do direct pay

Sorry not direct pay. The one with fees

Great thanks for that.
Reply
#6
(07-31-2017, 03:49 PM)daddyshortlegs Wrote:
(07-31-2017, 03:19 PM)MarkR Wrote:
(07-31-2017, 02:19 PM)daddyshortlegs Wrote: Hi all,

I'm in the process of reviewing the access I have, and very possibly going for shared custody. 

a) What is deemed shared custody in night-count - is it literally 182.5 nights a year? 


b) How does shared custody affect Maintenance - being that neither parent needs to be 'reimbursed' for having the kids for more time?

c) Being that it's 365 days a year, does the parent who has 183 nights have a 'casting vote' on decisions or a right to be paid more maintenance?


DL

In terms of entitltement to claim for a child, the deciding factor is who gets Child Benefit.

This is who exceeds 50% of the nights, and if noone, who has the most daytime care. Unfair as it is, you need to evidance you exceed the mother, or she will get it.

The person who gets Child Benefit can clalim Tax Credits for the Child, and their occupany counts in a Housing Benefit Claim.

If your married on the day of birth, or named on the Birth Certificate, you have PR. That means that until a Child Arrangments (or Consent) order is made, your on the same legal standing.

Even as the non resident parent, your ex had to seek your opinion on eductation and medical matters, but she would have the final say if you do not agree.

In a straightforward case, its your Income (P60 or Self Assesment Gross Profit) what is looked at.
The considered income can be changed, if you have exceesive travel for contact costs, paying off debt from the relationship or if you have Pension Contributions, Benefits in Kind etc.

If during a case year (the date you or your ex instructs CMS), your expected income for the case year is going to change either way by 25%, then its reportable and you pay based on that income.

If you go onto some means tested benefits, it restricts how many you can be expected to pay.

There is then a reducation, if you or any new partner have children living with you, who either of you must get Child Benefit for.

The the "Staying" contact is looked at. It is in brackets, what are 0-52 nights, then 53-104, 105-156, 157-175 and 176+.

There is conflicting information online about shared care cases, but my understanding based on the Dot Gov Website Child Support Calculator, https://www.gov.uk/calculate-your-child-maintenance is that its payable, but its not going to be a lot unless your earning in excess of £20,000 a year.

Thanks. If my proposal is accepted I will be over 176 nights (from around 120 now, so would still save). I just wasn't sure that, if it goes to say 183, whether I'd automatically stop having to pay her at all. Certainly not trying to get out of it, but I'd rather save for their futures etc.

She gets the child benefit (statutor one) but not sure on any others. If we went 50/50, do I have a right to any of the benefit - just as a token acceptance of shared custody?

She's refused to go formally through CMS before (telling me I'd have to do the route where we both pay for the service if I do and on the other hand threatening to rfuse access if I lowered the payments in line with their calculator). Can she force me to use that route if I am happy to pay her direct?

Her Benefits are based on her current household members and income. The Welfare Benefit Reforms now means that she has was the law says she needs coming in, taking them into account. Child Benefit and Child Support are not considered as income for them. Therefore, you have no cliam on them.

The problem with arranging Child Support yourself is your ex is in a no lose situation. She can go on the link and work out what she will get if she knows your income, and either get a better deal or put CMS in anyway, as is her legal right.

However, you also have a legal right to put CMS in, and it only costs you £20. Just tell them you want to use Direct Payment, and you pay her into the bank. There is no extra fees. She can not put you on collect and pay, unless you miss payment.

The advantage with CMS is you do not have to deal with your ex, if any of the considered facts (income etc) change. She just has to accept what they award her.

My advise is pay what CMS says. The law can not force you to pay more, but if your able to do this as a seperate transaction. Things like school unfirorms/trips, any clubs or groups the child goes to are normal. Be carefull that your not paying for things the state might already be paying, for example Working Tax Credit pay 70% of Child Care in some cases, and applicable amount for other benefits move also, so its not a true 30% shortfall, but one members ex still wanted him to pay towards it recently.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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