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Equally split time = no maintainance?
#1
Hello,
I am now divorced with two kids and currently paying the child care maintainance based on the CSA calculator.

I am however having them

- Monday Tuesday and Wednesday night (they both go to school)
- Every other weekend (so Sat and Sun)
- I take them to school every other Monday, then every Tue, Wed and Thu
- I pick them up on Mon, Tue and Wed.
- I have them 3 weeks during half term
- I help out on other half terms as well
- I pay half the school and sport expenses

Do you think I am still required to pay the maintainance anyways?
Don't get me wrong, I love my kids and I would have them full time if I could, but I think my ex is taking the piss.

Currently in addition to that I am letting her
- have my name on the house contract (so she doesn't get evicted) - ending next September
- paying her a babysitter so she can work on Sundays when SHE has them (old agreement unfortunately)

She is a self employed yoga teacher and has stated she doesn't want to do a job she doesn't like, so she doesn't earn much.
Also she is asking me to take care of sickness days as well and she obviously gets all the government subsidies.

What are your thoughts?
Thanks
Reply
#2
(10-19-2017, 01:13 PM)theDad Wrote: Hello,
I am now divorced with two kids and currently paying the child care maintainance based on the CSA calculator.

I am however having them

- Monday Tuesday and Wednesday night (they both go to school)
- Every other weekend (so Sat and Sun)
- I take them to school every other Monday, then every Tue, Wed and Thu
- I pick them up on Mon, Tue and Wed.
- I have them 3 weeks during half term
- I help out on other half terms as well
- I pay half the school and sport expenses

Do you think I am still required to pay the maintainance anyways?
Don't get me wrong, I love my kids and I would have them full time if I could, but I think my ex is taking the piss.

Currently in addition to that I am letting her
- have my name on the house contract (so she doesn't get evicted) - ending next September
- paying her a babysitter so she can work on Sundays when SHE has them (old agreement unfortunately)

She is a self employed yoga teacher and has stated she doesn't want to do a job she doesn't like, so she doesn't earn much.
Also she is asking me to take care of sickness days as well and she obviously gets all the government subsidies.

What are your thoughts?
Thanks

It is a Grey area, as in the past Drew as posted regulations what conflict with what the Dot Gov Website Calculator says.

As far as the Dot Gov Website goes, one of you gets Child Benefit, and as a result, Tax Credits and the childs occupany counts on a Housing Benefit Claim, and the other pays Child Support.

Depending on your school holiday nights, you will be in the 157 - 175 night bracket or 175+ what gives you a bigger reduction.

While your name is on contracts with her, it can affect your credit rating. You would of been better it being in her name, but you acting as Guarantor for it.

Even being Self Employed, your ex can get Working Tax Credit, and as a single person, she can get help with Child Care Costs if she uses and Ofstead Aproved Provider, or Registered Child Minder. They pay up to 70%, but of the 30% shortfall, applicable amounts move for other benefits, so its more or less all covered.

On sickness, it comes down to if she gets the Child Benefit, its up to her to find and pay for childcare.
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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#3
Your only legal obligation is child maintenance which is deemed fully inclusive. Anything else is at your discretion. She doesn’t make the rules.

It may be worth your while opening a Child Maintenance Services case. There is a £20 fee. Agreements outside of CMS just open you up to paying more for this, that and the other.

When she rolls over to Universal Credit she may find that she may well have to do a job she doesn’t like unless she can earn a certain amount from her self employment.

Universal credit is causing masses of trouble with rent arrears so you would be wise to look at ways of removing your name from the tenancy.
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#4
(10-19-2017, 09:19 PM)Hazy Wrote: Your only legal obligation is child maintenance which is deemed fully inclusive.  Anything else is at your discretion. She doesn’t make the rules.

It may be worth your while opening a Child Maintenance Services case. There is a £20 fee.  Agreements outside of CMS just open you up to paying more for this, that and the other.

When she rolls over to Universal Credit she may find that she may well have to do a job she doesn’t like unless she can earn a certain amount from her self employment.

Universal credit is causing masses of trouble with rent arrears so you would be wise to look at ways of removing your name from the tenancy.
Re Universal Credit and Self Employement, it has closed the door to some people who claim to be active in their business (what is the requirement for Tax Credits), but do not have the Profit to justifity it.

The main example of this is Network Marketing, (Avon, Kleeneze) where until you build up a downline(team members who you get commision on their sales as well), you might not achive National Living Wage. Also it will affect Sole Traders, who have to put money in at the start, for example to buy a van or stock, as their net profit will not be National Living Wage.

From my understanding, unless you are achiving a profit in excess of National Living Wage x number of hours you claim to be working, the claim will be based as if you was doing.
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


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