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I have 50/50 shared parenting of my daughter with my ex wife and as CSA is changing to CMS I have to re-look at maintenance agreements and calculations.
I was just wondering which of these is correct? - I've got nowhere speaking to CMS they just say "computer says...."
A government document I was directed to (attached) states on page 29...
Q: What happens if the day-to-day care of a child is equal between a paying parent and a receiving parent?
A: In this situation, the paying parent does not have to pay any child maintenance for that child.
Whereas the CMS calculator reduces payments by 50% +£7 for anything over 175 nights
Obviously these two calculations from the same organisation are completely different - irrespective of rights and wrongs (I have a family arrangement which I intend to continue) which one of these is the legal requirement that the CMS could impose?
I believe it's on a fine distinction between the number of nights and true shared care, the first getting the reduction, and the second meaning there is no payment.
Hello NH
Shared care is considered to be when the paying parent has at least 52 overnight stays with the child they are paying for. This is taken into account when calculating the amount of maintenance to be paid.
Equal care is different. This is when both parents have exactly the same amount of care of a child including daytime as well as overnight care. The reason why the Child Maintenance Service decide no maintenance is paid in these cases is that maintenance has to be paid to the main carer of a child. If this is proved and agreed by the parents, they cannot ascertain a main carer, therefore they cannot process a case.
If you would like any further information about the options available for setting up child maintenance arrangements and to receive a more personalised service, you can contact Child Maintenance Options directly, http://www.cmoptions.org
The Department for Work and Pensions (DWP) have a website, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is https://www.sortingoutseparation.org.uk/
Regards
William
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