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I am currently the receiving parent under an existing CMS arrangement as whilst I earn more than my ex-wife my son has lived with me full-time since the previous 50/50 shared living arrangement broke down 18 months ago due to issues with her lifestyle, prompting the decision by my son to stop visiting her.
He is now nearly 17 and has decided to stay with his mother every other week on a trial basis with a view to it becoming an ongoing arrangement, which appears likely to succeed.
This has coincided with receipt of the CMS annual review letter.
I wish to know whether if we assume the new 50/50 living arrangement becomes permanent this will result in me again becoming the paying parent (as the higher earner) or whether my ex-wife will remain the paying parent but see her contribution re-evaluated as a result of the nights my son will spend with her.
I continue to be the recipient of Child Benefit, though I imagine she could seek a re-appraisal of that if she continues to have my son 50/50.
I have seen comments elsewhere that suggest that where a case is already with the CMS and it becomes a shared living arrangement the CMS will not seek payment from either parent, but not sure whether this is true.
Many thanks for any insight & experiences other dads can provide.
If the care of your child is equally shared then you shouldn’t have to pay CM... however sometimes it’s difficult to get the CMS to accept it, even though it is in their guidelines.
It might be a good idea to give them a call and explain that you are in receipt of the child benefit, but the care of your child may be moving to an equal arrangement with the mother and see what they advise.
I would certainly speak to CMS - if you are in receipt of child benefit, I would say that you would be the one to claim maintenance from your ex, but tell CMS that it's 50/50 - I would think you would be in a stronger position on the basis that the assumption would be that you would be entitle to claim from her.
Many thanks for both replies.
By way of update, I spoke to CMS and they were clear immediately that whilst I am in receipt of CHB am considered main carer and therefore would simply reduce the amount paid by my son's mother to a nominal amount.
Next spoke to CHB office who advised that if the mother made a claim to be main carer and therefore seek payment of CHB they would contact me with option to accept or dispute - the latter requiring me to provide evidence of having been the main carer (doctor appointments, school records etc).
Thank goodness for some sense in the system!
That’s a step in the right direction... as he has been in your full time care, I’m assuming you have the required documentation to prove your status, hopefully common sense will prevail! ... good luck.
Lots of documentation, thanks again for your help 🙂
Great... do let us know how you get on with it all.
Best of luck
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