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Family Court Reality (the gap) · 588

Assumption: "If the children stay with me half the time, I will not have to pay any child maintenance."

1 min read

This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.

What People Expect

People often think equal or near equal care automatically cancels child maintenance, or that nothing changes until the care is exactly 50/50.

Court Reality

In the Child Maintenance Service calculation, where the Basic, Basic Plus or Reduced rate applies, overnight stays with the paying parent start to reduce the amount from 52 nights a year, about one night a week. The reduction rises in bands: 52 to 103 nights, one seventh; 104 to 155 nights, two sevenths; 156 to 174 nights, three sevenths; 175 nights or more, a half plus £7 a week for each child in that band. GOV.UK says that having the child for the same number of nights does not automatically mean there is nothing to pay, because the service also looks at who provides most of the day to day care. The number of nights is based on a court order or the arrangement the parents have agreed. Daytime visits on their own are not counted.

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52 nights a year is where the reduction starts. 175 nights is a half off plus £7 a week. The same number of nights does not mean nil.

If the children stay with me half the week, do I stop paying child maintenance?

Reality

Not automatically. The reduction starts at 52 nights a year and rises in bands. At 175 nights or more it is a half plus £7 a week per child, not the whole amount.

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Published5 November 2026Last reviewed5 November 2026

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Please note: Nothing on this website constitutes legal advice and we are not liable for any reliance on the information provided. Family court rules and procedures can change, and whilst this was correct at the time of writing, circumstances may have changed since publication. For up-to-date guidance, please refer to Gov.uk or consult a qualified legal professional.

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