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Equal access and Child Support Payments

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  • 17-09-2016 1:16pm
    #1
    WhiteNoSugar
    Registered Users Posts: 35 ✭


    Hi all,

    I'm separated a few years ago and paying child support payments to my ex.
    My kids are 11 and 8.
    She has a good job and earns more than I do. However she often works late and consequently my kids are with childminders a lot which I don't think is right.

    We have an agreement between ourselves that she would be the primary carer and currently I have the kids 4 days out of every fortnight.

    My situation has changed a bit now and I'd like to petition the court for full joint access e.g. the stay with me for a week, then her for a week.

    Questions:

    1. How likely is this to happen?

    2. If we have true joint custody then I would also like to agree child support payments based on 50:50 sharing of expenses, rather than me just shelling out cash to her every month. How likely is this to happen?

    Appreciate any and all comments.


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    #2
    Dravokivich
    Moderators, Category Moderators, Music Moderators, Politics Moderators, Society & Culture Moderators Posts: 22,360 CMod ✭✭✭✭Dravokivich


    1. How likely is this to happen?

    I wouldn't say it's very likely. There's more to take into account than where they stay each week, on/off. How are they to get to school, their friends and such?

    Is this something that's been discussed with the mother and how do the children feel about it? If there's been no issues with meeting the current access, i wouldn't recommend going straight to court looking for more without proper discussion with those involved. Your children would be old enough now to want to have an input on where they stay.

    2. If we have true joint custody

    I have joint custody through court application and it makes no bearing to where the child lives, nor the amount of maintenance payable/receivable. However something to consider is, the time a child resides somewhere is the basis to many payments such as Child Benefit, Family Income Supplement and Single Parent Child Carers Credit (tax credits). All the more reason to have a serious discussion with the ex, to see how this may impact on their ability to claim these supports, or how these supports can assist in reviewing the amount you pay in.


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