Reducing Overnight stays to claim more Maintenance

I have been separated for a year. My 2 children have stayed overnight with me regularly during this time some times once a week, sometimes more. There is nothing set in stone. Overnight stays have always been dictated by my wife who sets me a ''rota''

Maintenance has been regularly paid based on 1-2 nights a week.

She has now reduced overnight stays to less than once a week so that she can claim more maintenance.

Do I have any rights to challenge this? She is obviously letting her greed come before the welfare of the children.

Have you tried mediation maybe talking with a third party will make her consider her child''s welfare not the income.

Unfortunately whilst cma link about of time spent with a child to amount child maintenance is paid you will have this issue.

As far as the law is concerned the times children stay with or visit parents and child maintenance are treated separately. If you were married or have Parental Responsibility by some other means both parents have equal responsibility and rights to carry out those responsibilities. That means living and contact arrangements need to be agreed.

A mediator can assist separated parents to communicate so that an agreement which can work for everyone concerned can be reached. Generally parents are more satisfied with and more likely to adhere to arrangements if they have been agreed.

When no agreement can be reached it is open to either parent to apply to court for an order to regulate PR so that children must be made available to stay with or see a parent. The problem with that is going to court tends to lead to resentment and resistance which makes parenting together difficult or impossible. Mediation is now mandatory in most circumstances.


A recipient of child maintenance wanting less contact to increase child maintenance, or indeed the paying parent wanting to maintain/increase contact to decrease the amount they pay, is rather a red herring. The costs of having the child to stay usually outweighs any increase or decrease in payments.

Thanks for your replies

Fiona your comment
''The costs of having the child to stay usually outweighs any increase or decrease in payments.''
is interesting because my stbx still wants me to pick the boys up from school, take them out, feed them, get them ready for bed etc. but them wants me to return them at 8pm instead of staying the night.

HappyJack wrote:

Thanks for your replies

Fiona your comment
''The costs of having the child to stay usually outweighs any increase or decrease in payments.''
is interesting because my stbx still wants me to pick the boys up from school, take them out, feed them, get them ready for bed etc. but them wants me to return them at 8pm instead of staying the night.

Could she pick them up herself or would it cause her problems?

Did your wife actually say she wanted to reduce contact so that child maintenance increases?

If so it reminds me of a case a few years ago where the non resident parent had the parent with the majority of care have the children ready in their pjs with their teeth brushed so the NRP could take them home to bed and return them in the morning to get dressed and have breakfast before the PWC took them to school.

Not that it makes any difference, as I said above contact and child maintenance are treated separately and if you go to mediation or court the focus is on the welfare of children and meeting their needs rather than money.

Did your wife actually say she wanted to reduce contact so that child maintenance increases?

Yes Fiona, that is her plan. I believe she is currently contacting the CSA and is expecting back pay for the last 12 month.

My maintenance was worked out using the maintenance calculator on the .gov website using the overnight stays field at ''1-2 nights per week.'' her intention is to reduce contact to ''less than once a week'' to claim more maintenance.