Residence status

Hi,

I am going through a separation. As an interim arrangement I have borrowed a flat and taken some of belongings. I stay at the FMH every other weekend and on Monday and Thurdsy nights and look after the children from dinner time onwards. I also go round on Wednesday to put them to bed. I also pick the kids up from childcare Monday and take them to their destination on Tuesday. I also take them to school on Friday morning. I pay for my eldest School Fees and my youngest Nursery costs. I am aware that my ex pays her friends cash to take care of the kids when she is working (a full-time job she has just started).

Now - in this interim period we have solicitors and we're going through disclosure. However, I want to make a Child Support payment that is fair and reasonable. A full 20% given the above arrangements seems not.

So my questions are:
1. At this juncture are we officially living apart?
2. Does the law recognise my financial contribution to the childcare/school fees? If not, better get the ex to pay something towards them
3. Do I have to use the 20% rule - or is there another way; like getting a one-one agreement on child costs and writing it up in an agreement or court order

I will be speaking to the solicitor at some point - but would like to have this dialogue first.

Hope you can help

1) Yes, you are living separately.

2) I'm not too sure what you mean does the law recognise your contributions to childcare/school fees. School fees may be treated separately from CM and the resources of both parents are a factor.

3) There is a CM calculator on the CSA website. There is a deduction allowed based on the number of nights the children stay with you. In your case though you are staying with them so that complicates matters. Do you pay their living costs etc for the time you are with the children?