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Evening - not sure what to do here.
me and the ex split up over 18 months ago, we have shared the family home in this time BUT at different times which has enabled both of us to look after the children equally!
We are on one week on, one week off - I have a cao final hearing coming up at the end of april where she disagrees with a section 7 report which was done.
I was under the impression that if the equal\shared care continues no child maintenance is to be paid but i've heard if she applies for child benefit (once we have moved into are new homes) she will be classed as the resident parent and give her a chance to apply to CMS?
Is that true?!
Hi,
If you have an equal shared care order it should trump who receives child benefit, and the CMS will likely rule there is no resident parent.
*However* if she receives child benefit she can attempt to apply for CMS, and if she can prove day-to-day care isn't equal, she could still be entitled to maintenance if they agree.
This might be (for example) that she picks up / drops off more than you do, looks after more on certain days, takes to medical and dental appointments, hobbies and haircuts to name a few.
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