Do I have to pay maintenance if I have joint custody when we’re co-parenting equally?

Question

Unsure whether you need to pay child maintenance as a co-parent? Our experts explore your options to help you make a decision. Learn more.

Boring Money · Accepted Answer

I can really sympathise with your situation, as it sounds like you are both having some good honest conversations with each other for the sake of the children. I can understand why you feel it's not fair to pay the £350 per month, if she receives the benefits to help financially support your daughter.

The court has no jurisdiction over child support, unless the payee’s income is over a certain threshold (£3000 per week). Assuming that’s not the case, the court would consider a few other factors, like:

How many children you have

The paying parent's income

How much time the children may be spending with the paying parent

Whether the paying parent is paying child maintenance for the other children

I believe that sharing the care doesn’t necessarily mean exactly 50/50 nights, and the courts are generally not keen on seeing children as commodities in that way, (which I know you also are not). What I mean is, there are cases where one parent will deliberately suppress the nights the other gets in order to get more maintenance, or perhaps the paying party will try to increase their nights in order to reduce the liability.

As you are married, your wife may well have an entitlement to your pensions and/or share of other assets, but really a solicitor should advise you on this, as it is not a foregone conclusion that she'd get 50% of your pension. There are other factors involved such as:

Your ages

Your incomes

Your ability to rebuild the pension pot

If you haven’t done already, seek some guidance and advice from a divorce lawyer. Often they can give you free guidance before you commit to a decision.

I would also encourage a third party to perhaps be present during a conversation with your wife. You may also like to consider a Mckenzie friend before seeking legal advice. This may be less costly for you, and they can support and guide you. I would also recommend contacting a financial planner, as they will be able to advise you on what different scenarios look like for you. They'll be able to assess the financial implications of different options, to see what effect this will have on your financial situation.

I wish you all the best. Give me a shout if I can be of any further help.