A common question we hear is: "If we have joint custody, do I still have to pay child support?" The answer is often yes. Our expert child law solicitors can provide a clear calculation and help you secure a fair and legally binding agreement.
Child maintenance is calculated by the Child Maintenance Service (CMS) based on a set formula. It is not determined by the label "joint custody," but by the paying parent's income and the number of nights the child spends with them.
The CMS reduces the amount of maintenance payable based on the number of overnight stays. Even if you have a 50/50 'shared live with' Child Arrangement Order, the parent with the higher income may still be required to pay maintenance to the other.
Get a Clear CalculationYou and your ex-partner can agree on your own child support arrangements. This provides flexibility, but it is not legally enforceable if payments stop. We can help you formalise your agreement.
Discuss Your AgreementTo make your agreement enforceable and secure, our solicitors can draft it into a legally binding Consent Order, which is then sealed by the court, giving you peace of mind for the future.
Make it Legally Binding
Our approach is to find a fair and workable solution that provides for your child's needs without creating unnecessary conflict. We provide clear, straightforward advice on the CMS rules and help you negotiate a lasting agreement that gives your family financial stability.
Even with exactly equal numbers of overnight stays, if one parent earns significantly more than the other, the higher-earning parent will usually still be required to pay a 'top-up' amount of maintenance to the other to ensure the child enjoys a similar standard of living in both homes.
You can agree to this privately, but it is not legally binding. Either parent can apply to the CMS for a calculation at any time in the future, which would override your private agreement. For certainty, any agreement should be formalised in a court order.
Child maintenance calculated by the CMS is intended to cover general living costs. It does not cover extras like school fees, uniforms, or extracurricular activities. These costs must be negotiated and agreed upon separately, and can be included in a legally binding Consent Order.
Ensure your shared care arrangement is built on a fair and legally secure financial foundation. Contact our expert family solicitors for a confidential consultation.
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Wildings Solicitors are authorised and regulated by the Solicitors Regulation Authority (no. 552128). Wildings Solicitors is a trading name of Wildings Solicitors LLP, a limited liability partnership registered in England and Wales. Registration Number OC360274 registered office 862-864 Washwood Heath Road, Ward End, Birmingham, B8 2NG. A list of Directors is available from the registered offices. We do not accept service by email.
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