Being refused 50/50 because she wants maintenance

Hi @JamieTJ,

To cut to the chase, there are two forms of shared care. If your ex is the claimant, even if you have you son and/or daughter for 50% of the time (in respect of overnight contact) you will still have to pay maintenance (i.e. band D), unless there's a court order in place, which the CMS cannot overlook.

The bigger question, however, is who is classed as the main carer, or can you prove that both parties have an equal shared in the 'day to day' care of your child(ren). The key words here are day-to-day care. This is certainly a grey area, and one that the CMS still haven't published what 'weighted scores' are used to reach a decision, which is, at best, unethical and is leaves it wide open to unfair practices.

For day to day shared cares, the CMS look at:

• What school the child(ren) attend(s) and who is the principal contact 
• The location of their dentist
• The location of their doctor's surgery
• Overnight contact
• Who is involved in the child(ren)'s recreational activities (and who pays for these things)

When it comes to overnight contact, the National Association for Child Support Action (NACSA) states that the test for equal shared care is not based on the number of nights that the child may stay with each parent, although that remains a “significant factor”.  The question remains, therefore, what percentage constitutes significant?  By most people's reckoning, it wouldn't be 20%, thus meaning that overnight contact would not score, e.g., the same as what dentist the child(ren) is/are registered.

As with most things in life, it's what evidence you can provide. From experience, the CMS will invariably lean towards the receiving parent, even on the basis of receiving little to no evidence from them, which is wrong. However, if you can prove that you take your child(ren) to appointments, and have a letter from the school to show that you are the main or equal main contact, along with having 50/50 (or more) overnight contact, and being involved with all recreational activities (some during the day), it would be difficult to see how the CMS could rule in the claimant's favour. They should close the case. The evaluation process for this can take between 8-12 weeks (as of Q1, 2023).

Whatsoever you do, be consistent in your approach regarding all aspects.

I hope this is of help.

Hi, If your kids are very young, below 12 then going to court will be a big gamble. Kids views carry lot of weight around age 11/12. 

@infodesk thank you for your detailed response. I do currently pay for activities and take my kids to appointments and have purchased their glasses etc, so am always willing and happy to do these things. However she is very blatant in her quest for maintenance, even with my eldest questioning why we aren’t 50/50.

@jamietj gather all the evidence you have and 'report a change' (using the online portal) on the basis the you're applying for 'shared day to day care' not shared care; the two are different. Refer to my previous post (above) on 21 April 2023. Just bear in mind that the CMS can take 10-12 weeks to process, so provide as much information as you can from the outset.

I hope this is of help.