Categories
Will the number of nights they stay with me affect payments?
Hello. In January I spit from my wife because she was having an affair. I moved from the family home into a 2 bedroom flat.
It was agreed between us that I would have joint custody. I have my 3 boys. One of which is not biologically mine and I have no parental rights to but still wish to raise him as my own.
They stay with me 3 nights one week and 4 nights every other week.
My question is how many nights a year do I have to have them to qualify for legal joint custody and how much maintenance should I be paying?
Any information would be grateful.
7 thoughts on “Will the number of nights they stay with me affect payments?”
Leave a Reply
If u have them that much it is joint u should not be paying a thing and that is 50-50 .
No because the csa will take into account the nights you dont have the child. There is a threshold but I think its quitw high
I think Becca is right it’s shared 50/50, you shouldn’t be paying a penny…. depending on how your ex/wife is be careful tho! my husbands ex stopped contact and alienated to get more maintenance! He wishes desperately he had gone through courts but at 18 and 16 there is now little point as damage is so entrenched. He thought she could be reasonable “for the children” but she is not.. great role model for a head teacher!!
No
If you can work things out amicably and you have them that much your ex may be willing to let you go 50/50 and not pay anything but make sure you get this in writing. I think if your ex goes through the CSA and she gets child benefit for them in her name she can claim for the days she has them. It sucks but that’s the CSA for you!
Under the new CMS rules there will be no case as you have the children in overnight care half the time.
3 nights one week, 4 nights the next week = 7/14 = 50% = no maintenance due.
You have to make sure your wife agrees that these circumstances are in place.
Under old CSA rules who ever was in receipt of child benefit was due child maintenance.
Thanks everyone for your info. To be honest in still unsure of involving the CSA in case they just complicate things and put me in a worst position. Or do i just bite the bullet and get everything done legal?