[Solved] Changes to overnight stays - payment remains?

Hi

What you are talking about is called "shared care reduction" - and is covered in the UK Legislation "The Child Support Maintenance Calculation Regulations 2012"
http://www.legislation.gov.uk/ukdsi/2012/9780111526132/regulation/46

It is clear that the calculation must be based on "future" or "expected" overnight stays - as otherwise newly separated couples (with no prior history) would be excluded from benefitting from the shared care reduction.

For cases where the parents have been separated for some time - call handlers often refer to the "the last 12 months" - and assume this to be the same as going forward for the next 12 months - but the legislation is actually concerned with "the next 12 months".

This is a common misconception - that can catch people out when arrangements change. So in short, as soon as your arrangements for shared care change - you will be entitled to claim a reduction. In fact, it is a requirement of CMS (or CSA) that they are informed by either parent when certain details change - and this includes the number of overnight stays.

https://www.gov.uk/child-maintenance/changes-you-need-to-report

Of course, the other parent will (probably) claim no such "agreement" exists....so before going to the CMS - it would be (very) wise to get some sort of "proof" or "written agreement" from your ex that for the next 12 months - you will have 2/3 overnight per week on average. (You could even put in the note - "based on the last tax year it was 0 or 1 night a week on average" - to make her feel better, but as I have just shown it is "expected future" contact arrangements (from the effective date) that matter.

Finally, financial information (P60) is based off "the most recent tax year".

Decrease for shared care

46.—(1) This regulation and regulation 47 apply where the Secretary of State determines the number of nights which count for the purposes of the decrease in the amount of child support maintenance under paragraphs 7 and 8 of Schedule 1 to the 1991 Act(1).

(2) Subject to paragraph (3), the determination is to be based on the number of nights for which the non-resident parent is expected to have the care of the qualifying child overnight during the 12 months beginning with the effective date of the relevant calculation decision.

Hi all,
My ex and I have recently agreed to change the number of nights I have my daughter every week.

This now appears to me that there will be a reduction in payments (now average of 2-3 nights a week, up from 0).

However she is claiming the the average number of nights are based on the previous tax year so until 6th April (which is only a month away, but 2 payments) my exiting payment should stay the same.

I don't agree but can't find any solid information online to backup either argument.

Has anyone been through this and what was the result?

Thanks all.

Hi there

If you have a family based arrangement with the mother then it's up to both of you to re negotiate the amount, to take account of any changes. I don't think the tax year would come into it, I don't think a paying parents amount of contact forms part of the tax offices calculations.

Under CMS rules, if the non resident parent has a child overnight the amount they pay is reduced by 1/7th for every might the child stays over.

When there have been changes to the paying parents income, or as in this case, overnight stays are increased, the paying parent can ask for a variation as long as the amount payable would be a difference of 25% or more of the amount usually paid.

If the difference is less than 25% the CMS do make an annual review and any changes to income or reductions because of shared overnight care would be accounted for at that point.

Hi there

If you have a family based arrangement with the mother then it's up to both of you to re negotiate the amount, to take account of any changes. I don't think the tax year would come into it, I don't think a paying parents amount of contact forms part of the tax offices calculations.

Under CMS rules, if the non resident parent has a child overnight the amount they pay is reduced by 1/7th for every might the child stays over.

When there have been changes to the paying parents income, or as in this case, overnight stays are increased, the paying parent can ask for a variation as long as the amount payable would be a difference of 25% or more of the amount usually paid.

If the difference is less than 25% the CMS do make an annual review and any changes to income or reductions because of shared overnight care would be accounted for at that point.

Hi mojo - just to clarify - the variations here (shared care reduction) is distinct from the 25% income change, and should/can be applied for as soon as the change in overnights occur.

Ah ok thanks THL

This is really helpful thank you for pointing out the information. I spent the morning searching but couldn't see the wood for the trees.

Hello jwalsh82

To reiterate what Mojo wrote, if you have a family-based arrangement in place, you and your daughter’s mother have the freedom to decide together how the increase in overnight contact with your daughter will affect the amount you pay, as well as when this will take effect from. This is because family-based arrangements are not legally binding and have no set rules that must be followed. Child Maintenance Options have a range of tools and guides on their website at http://www.cmoptions.org, which can help with renegotiating a family-based arrangement.

As TashasHideousLaugh mentioned, when there is a statutory child maintenance arrangement in place with either the Child Support Agency (CSA) or the Child Maintenance Service, they must be notified of any significant change to circumstances. Therefore, if you have a statutory arrangement in place you will need to contact the service handling your case in order to notify them of your increased overnight contact and to find out how this could affect your child maintenance payments. You can find details of how to contact them on any letters they have sent to you.

If your child maintenance was arranged via the courts as a Consent Order in England and Wales or a Minute of Agreement in Scotland, how this change will affect your payments will depend on the terms of the document. It is possible to change court orders, but to do this you would need to seek legal advice. You could contact Civil Legal Advice (CLA), which is the Government funded confidential legal service. Their contact details can be found on their website at https://www.gov.uk/civil-legal-advice.

For more information on all the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website.

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.

Regards

William