Will the number of nights they stay with me affect payments?

July 1, 2014

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.


  • Bill says:

    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.

  • phil says:

    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?

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