[Solved] Shared custody 50/50

This is really of interest to me and my situation.
For 4 years I have had exact shared care of my daughter which I have been paying CSA money to her mom whilst still doing everything at my house when she is with me. Two sets of everything!

I also pay for all school activities and anything she does extra. Whilst her mom refuses and uses the money for herself!!!

With the news of new CMS I got in contact with them to find out about my situation. They confirmed that under the rules since October 2012 (CSA) and the new CMS ruling I would not have to pay my ex anything.

How can this be fair? Just because my case is from the CSA 2003 rules? Is there any other system where the rules and regulations don't override the old ones???!

I would be interested to hear your opinions and advice.

depends on how many children you have, they are still migrating the cases in some situation from CSA to CMS. ONce the case is migrated it will all chnage hopefully!

I have one child with my ex.

I have spoken to CSA who said that cases will be transferred by 2017. They have no idea of when cases will be transferred and in my case it would then not raise a case with CMS because of the 50/50 care.

It just seems insane??!

In the meantime my ex is still getting me to pay for more and more things!

We had exactly this problem. Would be nil assessment by CMS rules as equal shared care but stuck on CSA rules until they decided to change the case over which could be as late as 2017! They should have made shared care cases a priority!

Do you have any other children with your current partner?

Good news for you all ! ! !

I have two kids to my ex and exactly equal 50 / 50 shared care. I fought the CSA for 2 years to be moved to the 2012 rules and even took them to court.

What you need to know is..
If your claiming for a child on the CSAs 2003 rules then cancel your case. (I claimed for one of my kids and my ex claims for the other) Then wait 13 weeks..... That's the hard part.

After 13 weeks you can be assessed by the 2012 CMS - this triggers a loophole where your ex's claim automatically stops and she also has to be re-assessed on the new 2012 rules through the CMS - resulting in each parent paying nothing! JOB DONE! 🙂

Who gets child benefit means nothing - its a way of the CSA getting a easy decision. Believe me ive been through it all!

Good luck - fight the good fight and love your kids! 🙂

I think you are one of the rare cases where you are both claiming CSA - the problem many have is that the PWC is the one who opened the case (and so has no incentive to close it), so the NRP isn't able to close it.

Having said that, it's very useful information anyway for anyone else who is able to close the their case, certainly until all cases have eventually been moved.

if you have 50/50 care why should you pay for the 50% she has the kids? and child allowance should be made available to dad's that have that 50%! why are we discriminated against in this day and age a different gender would never accept this so why should we blokes. A bill in par lament is on the way it jest needs a motion to carry 32 votes in total!!!only 16 so far and all men!!! no conservatives by the way so might be a good call to go and see your local MP to se if she or him needs your vote!! ukip have a look at this and make a stand and a name for your self's!!!!

Hi

Just to add to the body of knowledge above, I recently called the CMS about the 50/50. At first their response was a definite - does not work like that.
They explained that 50/50 care was not possible as there are an odd number of days in the year, and the odd night would always go to the person holding child benefit. Clearly a silly argument. As other responders to the thread have noted, the 50/50 exception is in writing in a brochure. When I pressed the point it seems that there is an exception but it depends on the case worker's interpretation of the facts as to whether it is granted. The case worker will look at elements such as addresses where the child is registered for school etc...
Take aways for this - 1) Insist, 2) do not believe the person who answers the calls, they are not case workers and are clearly capable of giving out incorrect advice whilst believing in it absolutely themselves. 3) Do not permit your ex to dictate on addresses for opticians etc

Bonus points - and possibly off thread (mod, please move this if appropriate)
When it comes to child benefit and having two kids - then apply for child benefit. I have been through this and found when the aggregate share of care is greater then 42% on both sides then the policy at the CB is to award shared child benefit - that is CB for one child is paid to each parent. Also, they advised me that when an application for CB is contested, then they disregard anything the person without CB says that does not agree with what the other person says. Therefore, try and get in writing / email, the other party to state what the situation is. It will support your application. Hope this helps.

Hi

I hoping someone might be able to help me here.

[Background]
I am one of those lucky dads who since legal separation stayed in the family home until agreement was reached. During this period we implemented a shard care situation. That being 5-5-2-2 so each of us gets our children for 2 of the same nights each week then every other Friday including the weekends. This enables us both to work a regular period each week. My employer has also given me term time working meaning I get the children during school holidays. I have two children of 6 and 10 years old. The youngest has learning difficulties. Early on my ex transferred the child benefit to go solely into her own account (it was going into our joint account). Midway during the divorce my ex gave up her full time job to work part time 1.5 hours a day.

[The question]
Given we have 50:50 shared day to day care. We both pay for clothes, uniforms, expenses for trip and school meals.
Is it possible for me to get the child benefit for one of my children so that both my ex and I are on an equal footing regarding benefits?
My ex has been quite adamant that I'm not entitled and it would put her on the street if she had to give up Child Benefit, Child Tax Credits, Housing Allowance, DLA, Carers allowance etc. I've said to her that as things stand, I'd be fine letting her keep the Child Tax Credits, DLA etc but merely felt it was the right thing to do and that it would allow me access to such benefits should I be made redundant. She was not happy about this and is seeking legal advice.

Has anyone any thoughts/advice on this? Are there any precedence set for this?

Hi.

Short story is being able to prove 50/50 with things like the address your child is registered at the GP, school, any formal custody agreements, clothing, activities, childminders invoices etc. In my case I have my child one week on and one week off which helps no end. Quote the legislation above as my case manager had no idea it existed and had to go away and research it. Quote Steve Webb above as they will listen

Well done for highlighting this very important point. However, I still remain unsure of how you managed to gather the evidence especially with the school and GP.

Hi Chris.taylor

If you both claim the benefits for one child each then I don't see how she would be out of pocket! If she kept the CB for your disabled child she would also get the carers allowance, so the lions share of the benefits.

If I were you I would claim CB for one of the children and see where it goes. As you have 50/50 care then the CMS shouldn't be involved.

Good luck

There is a positive advantage to you both claiming child benefit for one child each. The benefit rates are currently £20.70 for the first child, and £13.70 for each subsequent child, so you ex is currently getting £34.40 per week.

If you claim for one child each, you'll both get £20.70, so an extra £7 per week. It's perfectly legal to do this.

https://www.gov.uk/child-benefit/what-youll-get