Wife Now Working Full Time

[chrissa1]

After their split back in October, my son has been paying his soon to be ex-wife £120.00/month towards the upkeep of his two daughters. His wife was working part time.

They share the time with the girls equally, half and half.

The wife is now going back to work full-time and he thinks that he should stop paying her at all, apart from things like, school uniforms and school trips etc, which would be shared equally.

Is he right?

[naomi24]

No. He's their father. They're still his responsibility.

[ummmm]

Naomi - he has them 50% of the time.

[chrissa1]

That’s what I said to him but, his thought is that why should he pay for them while he doesn’t have them, when she doesn’t need the money now.

[naomi24]

Oh, I see. He has them as much as the wife has them. In that case I don't see why he should pay the wife anything. It seems reasonable to share everything equally.

[naomi24]

Another thought. I suppose it would depend upon how much each of them earn to a degree. If one of them earns less and struggles they perhaps could come to some arrangement.

[chrissa1]

The weeks go - Him, Monday, Wednesday, Friday. Then, Tuesday, Thursday and alternate weekends.

[chrissa1]

He does earn more than her but, she’s by no stretch of the imagination, destitute.

He’d rather spend money on the girls than give Her anything, because God knows what she would spend it on!! Alcohol probably.

[Islay]

if he went to court they are likely to support the ex spouse due to her needing to keep a roof over their head.

[chrissa1]

The £120 doesn’t come near to covering the rent on their home and this will not change if he stops paying her the money. That has never been in the scenario.

He adores his girls.

[Islay]

No but because he shares custody - if this was a formal arrangement he would still be required to make a token gesture towards upkeep.

[chrissa1]

That’s what I said to him.

[naomi24]

If they divorce the court will want to know what arrangements have been made for the children and if they're not appropriate they'll ensure that different arrangements are made.

[murraymints]

may need mediation if the girls spend exactly 50% with either parent then they both have to provide a roof etc as well as utilities and food.. so common ground would be clothes, uniforms, school trips , after school activities etc... it may well depend on the incomes and outgoings of respective parent ... both parents are responsible for their maintenance if both working full time... if they cannot agree an adjusted payment then mediation will be the way...

[murraymints]

and if joint custody then again each parent's income etc will be considered... joint responsibility....

[chrissa1]

I agree, mm. It’s so difficult because it’s was her infidelity that caused the split.

[Islay]

It doesn't matter who caused the split - who gets the child benefit and the tax credits?

[murraymints]

all income will need to be thrown into the pot for a proper assessment

[Islay]

More recently Murraymints I can assure you that whomever gets the child benefit and tax credits is classed in law as the main caregiver.

[murraymints]

income/outgoings is what will be looked at.. I know of instances where the working mother had to pay the father ! best to try and agree something between them in the first place

[chrissa1]

SHE does. She gets everything.