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CMS - Equal shared ...
 
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[Solved] CMS - Equal shared care court order but CMS still saying I have to pay...

 
(@Richard1972)
New Member Registered

Hi,

I have a court order which clearly shows that I have my daughter 7 nights out of 14. CMS are still insisting that because the mum gets the child benefit she is entitled to get child maintenance.

I have quoted section 50 to no avail. I have just uploaded some more documents quoting Steve Web MP Minister of state for work and pensions:

"However, if and only if, care is shared equally (this is a different test form the number of nights' test), neither parent will have a maintenance liability. An assumption that the parent receiving Child Benefit is the main carer will continue to be applied, but if that is not the case the other parent can bring evidence to rebut the assumption."

Court order:

Any further advice would be greatly appreciated.

Quote
Topic starter Posted : 29/09/2018 3:37 pm
(@dadmod4)
Illustrious Member

Hi

I would raise a complaint and also contact your MP.

This link might help in the first instance https://www.gov.uk/child-maintenance/complaints-and-appeals

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Posted : 29/09/2018 9:54 pm
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