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Does anyone have any experiences or advice they can share regarding being assessed for joint custody under reg’ 50? MY ultimate aim is not to pay any CSM support in addition to the sharing of all the current costs associated with joint custody. My ex and I have 50/50 (overnight) custody and share all of the day to day kids things and joint costs, shoes, clothes, uniforms, etc etc . The CSM payment on top of this is currently £400 p/m based on the current CMS calculator.
For ref, I’ve spoken to the CMoptions people. Whilst they were very helpful and answered all of my questions they could only advised based on rough facts and figures. It seems that essentially apart from sorting the standings yourself you can ask the CSM ppl to assess your situation but this makes thing rather permanent (all things being equal) and they may not find in your favour.
Thanks
any court order regarding maintenance can be overridden by CMS after 12 months, so I would use the CMS calculator to work out maintenance and work on that basis, as she would have the option of applying to CMS. The only way that you could avoid this would be if the CMS agreed that 50/50 shared care was happening, and if your ex doesn't agree to this, then your chances of succeeding are not too high.
cms are very mother bias
If you can prove that there is exact 50/50 care then try it
but they also use the fact that the parent receving child benefit is the main carer sometimes so its a tough one
if all else fails and the ex is being awkward, tell her that you will be paying the CMS amount and stop all other "voluntary payments" and the CMS cant say or do anything because they class them as "gift" so you are not obliged to pay them. She needs to know that she cant have the best of both worlds
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