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I currently have 50/50 shared care and I believe that I shouldn't need to pay my ex any maintenance at all but she is still getting it as the Csa are saying I'm a 2003 scheme. Surely when new legislation comes out it supersedes the old legislation. Anyone had the same issue ?
Thanks
Hi There,
.
If you were set up on the older system then you stay on that as far as I am aware, but that said CSA are in the proccess of transfering all cases to CMS so when that happens the CSA case will be closed and a fresh case would need to be opened with CMS where you would be within the new rules.
.
GTTS
But surely this is discrimation as a different law is apply to me than others in the same situation?
I agree but the CMS/CSA are dealing with so many cases and don't have the manpower to do it any faster....you will be moved over to the new scheme, but this could be anytime in the next couple of years.
Perhaps you could speak to them to try and find out when the move will happen.
Best of luck
It's not discrimination as such as it's not aimed at any particular group. Even the old CSA was divided into pre-2003 and post 2003 cases and that could be very expensive for those on the pre-2003 cases.
Hi Denholme,
Even on the CMS system and if you have 50/50 care you will still have to pay the mum! It will be half what it would be if you didn't have them at all! Basically whoever gets the child benefit gets the child maintenance. Only way round this is if you have 2 children and you each claim CB for one! Nothing like stitching up the dad hey!
Not very fair, is it?
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