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If a child maintenance case is closed due to a lot of evidence of shared care, such as a Court Order, as well as proof of being an equal 'Resident Parent' by being listed on the school and GP contacts list, is the parent that attempted to get Child Maintenance able to keep requesting that a new assessment is done each year?
Ie... is there a possibility of me having to prove shared care multiple times over many years, or do the CMS just do the one assessment and then won't look at the same child again, unless there is a change in the 50/50 Court Order?
Hi,
Far as am aware, if CMS case is closed, it's possible for parent to open one in future again. They will likely want to see evidence of 50/50 equal care.
@bill337 Hi Bill,
So, i have 50/50 Court Ordered Shared Care (week on week off). Plus, i am on the School and GP contacts list. Plus i pay for everything for my son.
My son's mum tried to apply for Child Maintenance but they closed the case and said I was an Equal Parent and had proved i pay for all his needs.
I just wondered if she could keep trying to open the case each year and if i would need to go through a new assessment each year?
hi,
she could try to open a case in future, but she will likely get the same response from CMS each time, that there is equal care so no maintenance is payable.
I would guess (and it is only that) that unless she provides evidence of a change in circumstances, they will give her the same response. However, there has to be the opportunity for her to reopen the case if there is a change of circumstances, so I don't think you can stop her reapplying.
I paid for a child for 16 yrs and then a couple of years later my ex's own sister told me that the kid wasn't mine, when I was first told by CSA that I had to pay for this kid I told them I did not believe he was mine, do I have any recourse to this to be able to claim against CSA ?
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