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Hi guys
I’m just after some advice. I’ve got 2 questions really – Do I have enough to build a case for equal day to day care? Do I stand a chance at appeal? And where would I even start!
Basically, I have 2 children – 11 and 6 years old. I have a child arrangement order which is around my shift pattern. It’s a very complicated pattern, which repeats every 3 weeks, but it means that on average I have the children overnight either 2 or 3 times per week. I’ve worked it out as a 60 / 40 split with their mother based on overnight stays. Crucially – the order states that the children live with me when they are not with their mother.
The CMS have worked out that I have the children 155 nights per year. This puts me right at the top of Band B.
I argue that as the children live with me (as per the order) – and that I have them on a 60/40 split – then no child maintenance should be payable as I have equal DAY TO DAY care – and it should not be based on the number of overnights test.
I am aware that there is no actual statutory definition of what equal day to day care is, but I believe that all the following shows that care is equal:
The order states that the children live with me.
The number of overnight stays is 60/40 split.
I have both the same financial and overall responsibility for the children as their mother does. There is not one thing that she provides to the children that I do not.
I take the children to or from school 4 times a week.
I pay for school dinners when I take them to school.
I provide school uniforms for the days I take them to school.
I take them to any medical appointments that fall on my time.
I attend at every school session available and have regular contact with the children’s teachers.
I support them both in their afterschool activities, regularly taking them both to football and swimming sessions.
I pay for haircuts when they are with me.
When the children are in my care, they live entirely independently from their mother and the financial responsibility on myself is no different than that of hers. Their mother has in fact made it clear that items will not be transferred from house to house, such as school uniforms and equipment etc. This means that I must provide and maintain clothing and equipment in the same way that she does. I must provide all of this for at least 2 days of the school week, whereas the receiving parent only has to provide it for 3.
I must provide the children with a house large enough to ensure that they each have room a room of their own which is fully decorated and furnished. The running costs of this will be comparable to that of their mothers. This includes costs like heating the house, water for regular baths and of course food, clothing, and hygiene products.
I have presented all of this to the CMS and they have rejected it with a response of “The court order does not show evidence of shared care on or over 156 nights per anum”.
I’m not arguing against the number or nights – my point is that day to day care is equal!
This has been rejected as a mandatory reconsideration, so my next step is to appeal.
Mother is in receipt of the child benefit.
Based on the above, do I have grounds for appeal?
Thanks in advance
Hi,
You may be eligible to claim child benefit for one of the kids. Can apply and would have to give evidence to child benefit office of the level of care you provide. If your able to claim that, this will help your issue with CMS.
Most cases I heard where a dad got equal day care status, is when they have a court order that states children live with both parents, and they are just 1 or 2 nights short of 50/50.
I recommend this support group for paying parents. Very useful: https://facebook.com/groups/239699060076601/
Hi
I'm going through the same thing. I have my children 11 & 6 50/50 week on week off. As this works around my work shift. I had an agreement in place from my ex solicitor to my solicitor stating no maintenance to be paid to either parent as 50/50. Now the snake of an ex went to CMS. Who wanted me to pay £666pm once I spoke to them (CMS) and it went down to £272pm I asked for a mandatory reconsideration which now has been rejected. So now I'm going down the tribunal route. I was told on the phone by a case work from the CMS to apply for one of my children's chid benefit. So it looks like all the CMS is actually do is look at who has the child benefit to make the primary carer. The system is broken and needs to change. Has anyone on here been successful in a tribunal?
I don't have them 50/50 in time, so very much doubt that I would be given child benefit for one of them either.
But that's another thing that I don't understand. The CMS seem to say 'she gets the child benefit, so therefore she's the primary carer and the father should pay'.
The way I look at it is she ALREADY gets the child benefit, so why should she automatically get more from me? Surely the fact that she gets child benefit should mean that I shouldn't have to pay as much. It just seems backwards to me.
I work very hard to make sure I can earn a decent living and see my kids as much as I can around my work. And when I'm not in work I'm taking the kids to school, or clubs, or doctors appointments or to get haircuts.
I can't think of one thing that she does for the children that I don't do. I can't think of a single expense that she has that I can't. But for some reason she gets child benefit for 2 children plus £390 per month from me. It all just seems wrong. Don't get me wrong, they are my children and I am more than happy to take responsibility for them, but the way it is now, I'm effectively paying out twice.
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