50/50 Equal care?

Hi,

Do you have a court order? This greatly supports your claim of equal care, if it states children live with both parents.

If you don't have an order, you can still try contact CMS about it, they have their own criteria for equal care:

https://www.voiceofthechild.org.uk/wp-content/uploads/2017/11/Shared-Care.pdf

@bill337 

thankyou, no I don’t have a court order, maybe I should look into that. I have an agreement with the ex on the set days and everything, I was paying her direct but she wasn’t happy so went to the CMS. I put in a special expenses claim for all the long school runs and the extra school meals etc and it got denied after a year of making the decision. 

@tig5271 Hello, if you dont have an order that outline your current children arrangement with the mother of your children, you should consider and do so at your convenient time. Or you could email your children's mother about the days (over nights) you have both of your children, if she confirms it in email, at least, once or twice; I would get a good Solicitor or preferably, a Barrister to make application to Court based on your children's mother confirming child care arrangement which amount to 50/50 shared care. Or what I did as I explained below using email confirmation from my ex confirming equal shared care. If I were you, based on my experience of past two/three years with CMS, they don't appear to care. I was in similar situation, CMS didn't care, they only responded when I wrote their previous Director who left CMS last year if I am correct.

So, how I overcame and have official 50/50 shared care without going to Court, was that I emailed my ex partner who confirmed via email that we have equal shared care based on number of nights I cared for our children. With her email, I made direct application for Child Benefit for one of our children and Child Benefit approved my application and pay me Child benefit for one child. I used emails from her in which she stated we both look after our children equally. I also, printed off 5 months payments (similar to amount you stated you pay for your child) of my children's school lunch and I explained to child benefit, that payments for one will help to look after my children and official evidence of equal shared care. They can see, as evidence in my children's school lunch payments statement, that I make payments on the week  both children are with me (just some of evidence I used to support my child benefit application). Afterwards, received letter from CMS that my case is closed; also, be careful as some parents can be very challenging (difficult) when you are able to successfully apply for child benefit for one child.

My situation is similar to yours, I pay for my children school lunch, took them to dental, optician, etc and other school events/appointments. I included copies of their appointments card (some info redacted) to support of my child benefit application. I advised child benefit that I am a priority on my children's school contact list. Make sure you contact your children's school and be on priority contact list if you are not and state this on your application if decide to make application for child benefit for one child. But, most importantly, as our child arrangement equates to equal shared care, on the child benefit application form CH2, from questions (9 - 12) I provided both parents address as where both children live during school terms, holiday, etc. If you state only the mother's address, your application may not be successful. Furthermore, I reminded child benefit, that on the CH2 guidance form, it clearly states, "If 2 or more children are being cared for, Child Benefit may be paid to each person for a different child".   

I spoke to child benefit helpline and most of their call handlers were very helpful, both their male and female call handlers. Though, they assured me that I am entitled  to child benefit payments for one child based on evidence I had provided to support my application. I was also preparing to appeal their decision if they decline my application (this is line of thought, is based on my experience of to - hope for the best, but prepare for the worst). So I found this case dated 19/05/2005 (THE QUEEN ON THE APPLICATION ON GRAHAM FORD - CLAIMANT v BOARD OF INALND REVENUE - DEFENDANT) that was heard at Old Bailey about Child Benefit payments where both parents provide equal or almost equal shared care for both children. In summary, the mother had both children 6 nights of 14 days and the father had both children 8 nights of 14 days; the Court awarded child benefit to both parents. It is an interesting read, I used extracts from the case to support my child benefit application. 

Above all, if you decide to make application for child benefit for one child to protect you and your children from possible CMS unnecessary payments, please, you need not tell child benefit how much you earn or distance you travel to pick up your children. The most important thing is that your children love you and you are active and positively involved in their lives. Good luck and if you any questions, please do not hesitate to ask.