When you go into mediation it is asked who are the primary caregiver, money doesn’t play the primary role in this discussion, but it will establish which party will be paying the maintenance to the other party. The court determines this by analysing the circumstances. Both parties are responsible to maintain the child or children, but the circumstances and the child or children’s best interest will determine in which parts a sum will be paid. In the case, the court is unable to determine this and where co-parenting is a challenge, they will appoint a third party to resolve disputes. A Facilitator will then be appointed by the court, or through mediation, and will report back the court and their role is to resolve disputes and it may result in the secondary caregiver being promoted to the primary caregiver.
Two things to know. Parenting and Maintenance orders are separate orders by separate courts. You cannot take a parenting dispute to a maintenance court, vice versa. However, changing circumstances within the parenting plan, say the mother marries again, may be taken to the maintenance court to argue your position as a co-parent. The mother’s household will have one more contributor.
The court calc sheets usually work in parts,
Child = 1 part
Adult = 2 parts
which would make the maintenance payer 1/3 responsible. This is a basic calculation, circumstances and the position the parties are in still needs to be taken under consideration. Schooling, medical aid, etc. are separate to this.
Say a single mother marries a man with another child. That would be,
Child = 2 parts
Adult = 4 parts
Which would make the maintenance payer 1/5 responsible. That is quite a ‘discount’ to argue in the maintenance court when you are required to contribute to the basic needs.