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On 15th April I received a letter saying my wife had made an application to the CMS and that I was responsible from 11th April. Then on the 21st I received a letter saying that they had calculated shared care as 1 night per week for one child and zero for another.
At the time of my wifes claim, my daughter was staying 3 nights per week and still is. My son stays more infrequently.
We do not have a contact order and my wife is refusing to provide her record of care. Do they write to her to ask her to verify that the shared care has changed. (It hasnt but they are saying one night, therefore in their eyes it has.
I know they adjust based on the share care period, however I do not how they have come to one day per week in the absence of a contact order. So what do they base it on? Do they base it on the week of the claim, the month, the quarter or even the previous 12 months, or do they base it from the day she moved out (July 2020). I cannot find the calculation basis anywhere.
By the end of April 2020, my daughter would have stayed for at least 13 nights out of 30.
hi, the ideal way to sort it would be to get a court order and send to CMS
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Q: What if we can’t reach agreement about shared care?
A: If both parents agree in principle that they share the care of a child
or children a paying parent must pay child maintenance for, but cannot
agree on the number of nights, then we may make an assumption of
shared care of one night a week. We call this ‘assumed shared care’.
This means we reduce the amount of child maintenance that must be
paid for that child by 1/7th.
This decision will not change unless both parents reach an agreement on
shared care.
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