[Solved] Staying over with absent parent

Hi ronnie

This doesn't sound right to me. But I understand why CMS have come to that conclusion. There are two ways to approach this.

In my reply, I assume that this is a new CSA/CMS case, under the most recent rules that began in 2012/2013. Any CSA/CMS case started since 2013 will be based on the new rules. In addition I assume there is no court order in place (detailing care arrangements).

1.
The legislation states (Child Support Maintenance Calculation Regulations 2012) for the purposes of a decrease in maintenance for shared care:

http://www.legislation.gov.uk/uksi/2012/2677/regulation/46/made

"a night will count where the non-resident parent has the care of the qualifying child overnight and the child stays at the same address as the non-resident parent;"

and

"the non-resident parent has the care of the qualifying child when the nonresident parent is looking after the child"

Taken together, the crucial points are "at the same address as the non-resident parent" and "the nonresident parent is looking after the child". So this rules out things like, your husband asking his mother to pick up his son, and looking after him overnight - without your husband - as a matter of formal agreement.

Under the CMS operating strategy of non-resident parents being "guilty until proven innocent" - the CMS have assumed that this is what is occurring. You husband can appeal this decision - but will likely be asked for "proof" that he does indeed makes the journey to collect his son, and stays with him overnight at the same address.

2.
When there is no order, or "formal" agreement between parties - but there is an agreement "in principle" that care is shared (i.e. that your husband's ex is not claiming that the child *does not* leave her care overnight) but the number of nights is disputed with insufficient evidence to decide either way - then the CMS can (and should) apply a default reduction of 1 night per week (which is the maximum your husband would get for 60 overnight stays) shared care.

When your husband appeals via letter, supplying whatever evidence (he should ask CMS about this) - he should point out that number 2 (above) applies - and so if CMS refuse on the basis of 1 - he should state in the letter, that he is sticking to 60 nights (etc) - so that "the number of nights" is in dispute. Of course, if the child's mother has "proof" that the child is looked after without his father present - then the CMS will take this "proof" and there will be no dispute.

You mention travel costs are taken into account. If your husband's mother does not live 300 miles from his son - then this may be causing a conflict. In any case, since shared care far outweighs reduction for contact costs - it would be advisable to remove this contact costs variation if this at all causes problems with receiving the reduction for shared care.

Here is a pdf of the above document - the relevant paragraphs are #46 and #47
http://www.legislation.gov.uk/uksi/2012/2677/pdfs/uksi_20122677_301114_en.pdf

hope that helps

Hi Ronnie

I've moved your thread over to the Child Maintenance section as it much more relevant there.

THL... Thanks for that pdf which I'm going to sticky.

Hi Ronnie

I've moved your thread over to the Child Maintenance section as it much more relevant there.

THL... Thanks for that pdf which I'm going to sticky.

Good idea.
With all the changes to CSA/CMS/CMEC, (and many of these changes being to non-obvious areas) - it really is a minefield.

Was with csa but husband has just changed jobs so im thinking that it will change to the newer one. Wee bit of a mix up. Husbands son doesnt stay with grandmother unless his father us with him. Both ex,son and grand parent live in same town 150 miles from our home. My husband travels there everyb2nd frid for the weekend (2 nights stopover) and stays with his mother ( childs grandmother). Csa say because its not at husbands home address it doesnt count.