50/50 SHARED CARE

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  • #46567 Report

    Newbie0312
    Participant

    Hi all I have been trying to get through on the freephone number but it is constantly busy so hoping someone can advise on here if you have been through something similar.  To cut a very long story short I divorced over 10 years ago and remarried since then.  I have 2 children from my first marriage both under 18 and 1 child from my second marriage also under 18.  The court order confirmed no spousal maintenance payable and child maintenance would be calculated using the then CSA guidelines.  I have never missed a payment. During that time I would have my 2 children once a week overnight and every other weekend overnight as well as two weeks during the holidays.  Anyway for the last 3 years my eldest child has lived with me non stop for 3 years with no time with his mother.  My middle child has started a few weeks ago on a 50/50 even split at her request and this is likely to continue.  During my 50% I take her to school, appointments etc etc and it is therefore a true split.  My question is can I stop paying child maintenance now as the website here says…

    <span style=”color: #1a1919; font-family: Lato, sans-serif; font-size: 18px;”>If your child spends exactly the same amount of time with both parents, neither parent has to pay child maintenance to the other. This is the case even if one parent is much better off financially.</span>

    I’m confused by this as the replacement for the CSA seems to suggest it is still an apportionment which obviously is unfair to someone if they are a true 50/50 split.  My ex and I both earn similar amounts although she claims benefits in addition as well as higher rate DLA for one of our children.   I would think that it would be acceptable for both parents to pay a set amount each into a fund towards school uniform but this should be equal bearing in mind our 50/50 split.   Any advice gratefully received. Thanks.

    #46569 Report

    Home_Alone
    Participant

    Where there is 50/50 CMS states no case. I know this as I have had 50/50 in the past for three years.

    Now….. You are well within your right to ask for a review, state all details and throw a refund in for good measure. On the flip side, your children’s mother may not take this lightly and put a stop to arrangements you now have with children staying.

     

    #46570 Report

    Newbie0312
    Participant

    Thank you.  Where will I find where you say 50/50 CMS states no case?

    When you say ask for a review, by who?  I have always paid informally every month without fail, i.e. not through the CMS/CSA etc.  I use the website to calculate the payment as agreed with ex wife although it has been static historically due to being an employee.  I am now self employed due to losing my job and gone from a very high salary to a third more than likely.

    She won’t take it lightly I am sure as she has been nothing but difficult (being kind) since day 1.  It will obviously be stressful for her but me too and I want to do this fairly.  She cannot put a stop to the arrangements for eldest child as he has nothing to do with her (his choice) and hasn’t seen her for 3 years.  Our next child has a social worker due to disability and it is part of her care plan for the 50/50 and her mother needs the break too due to very challenging behaviour.  Thanks 🙂

    #46576 Report

    Home_Alone
    Participant
    #46577 Report

    Home_Alone
    Participant

    Personally, I feel you have a solid case to approach CMS, disclose all you need to by letter, email ect. Keep a copy, you’ll never know when you’ll need it.

    From what you’re saying, not only do you have 50/50, but also the day to day pastoral care is equal.

    Google, child maintenance services handbook.

     

    Also below is a full set of all their policies. Its a lot, but reading is knowledge. 👍

     

    #46579 Report

    Newbie0312
    Participant

    Thank you so much.  I will look into it now 🙂

    #46580 Report

    Home_Alone
    Participant

    You’re more than welcome.

    #46583 Report

    Newbie0312
    Participant

    I have looked at the Regs and unfortunately they say this…  Number 3 – ex wife does receive child benefit for youngest 🙁
    <h4 class=”LegP1GroupTitleFirst” style=”margin: 0em 0px 0.5em; color: black; line-height: 1.2em; font-family: arial, helvetica, verdana, sans-serif; font-size: 0.8em; clear: both; text-align: justify; padding-top: 0em;”>Parent treated as a non-resident parent in shared care cases</h4>

    <span id=”regulation-50″ class=”LegP1No” style=”letter-spacing: 0em; font-weight: bold;”>50.</span>—(1) Where the circumstances of a case are that—

    <span id=”regulation-50-1-a” class=”LegDS LegLHS LegP3No” style=”letter-spacing: 0em; display: block; float: left; text-align: right; width: 52.3594px;”>(a)</span><span class=”LegDS LegRHS LegP3Text” style=”letter-spacing: 0em; display: block; float: right; text-align: justify; width: 680.672px;”>an application is made by a person with care under section 4 of the 1991 Act(1); and</span>

    <span id=”regulation-50-1-b” class=”LegDS LegLHS LegP3No” style=”letter-spacing: 0em; display: block; float: left; text-align: right; width: 52.3594px;”>(b)</span><span class=”LegDS LegRHS LegP3Text” style=”letter-spacing: 0em; display: block; float: right; text-align: justify; width: 680.672px;”>the person named in that application as the non-resident parent of the qualifying child also provides a home for that child (in a different household from the applicant) and shares the day to day care of that child with the applicant,</span>

    the case is to be treated as a special case for the purposes of the 1991 Act.

    (2) For the purposes of this special case, the person mentioned in paragraph (1)(b) is to be treated as the non-resident parent if, and only if, that person provides day to day care to a lesser extent than the applicant.

    (3) Where the applicant is receiving child benefit in respect of the qualifying child the applicant is assumed, in the absence of evidence to the contrary, to be providing day to day care to a greater extent than any other person.

    #46586 Report

    Home_Alone
    Participant

    If I was you, give CMS a call, explain the situation. Nobody should be paying more than what they should.

    Let us know what they say. 👍

    #46589 Report

    Newbie0312
    Participant

    ok will do.  Thanks.

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