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50/50 shared care & Child Maintenance (please help)

 
Karmadrome
(@karmadrome)
New Member Registered

Hi Guys,

Ive just joined this and would really appreciate some factual advice 🙂

I'll keep it to the facts

Currently we have almost 50/50 each, I am in the process of getting 50/50 agreed

Below is the night the children stay with each parent
(on my short weekend (week 1 +3)  I take them to hers at 1pm on Saturday)
weekMondayTuesdayWednesdayThursdayFridaySaturdaySunday
1HerHerHerMeMeHerHer
2HerHerHerMeMeMeMe
3HerHerHerMeMeHerHer
4HerHerHerMeMeMeMe

I have the children for a longer period on none school days (5 weekend days per month (her Saturday begins at 1pm)

When I have the Children I pay for and organise...

  • Extra school activities
  • School Breakfast club
  • After School Club
  • Flu Inoculations 
  • Eye Tests + glasses
  • Doctors
  • Both schools call me if required (issues, injuries, bumps etc)
  • I took my daughter around her new high school
  • I pay 1/2 towards everyday clothes
  • I pay 1/2 towards School uniform
  • I pay 1/2 towards School dinners
  • I pay 1/2 towards School Trips
  • I pay 1/2 towards School shoes / coats
  • Extra sports clubs for my son
  • Sons phone bill
  • Had son 100% for 6 months after he fell out with his mum
I believe I should not be paying child maintenance because I provide 50/50 shared care however the CMS says on the phone that as she gets the child benefit she is the primary care and i should pay.
 
There is a lot of contradicting evidence on the internet and wondered if anyone is in the same boat?
 
How do you present this to the CMS and get the to acknowledge there calculation is incorrect?
 
Thanks Everyone
Trent
Quote
Topic starter Posted : 24/01/2022 12:17 pm
Bill337
(@bill337)
Famed Member

hi,

CMS state they accept formal and informal evidence of arrangements. but often they insist on seeing a court order to confirm the arrangements. if your able to get a consent/court order that states that children live with both parents, and there is equal day to day care of children, then this should be enough for CMS to decide that you no longer have to pay maintenance. some people have had to go as far as taking it to a tribunal to sort out.  Would recommend this FB group, CMS support for non-resident parents  https://www.facebook.com/groups/239699060076601

ReplyQuote
Posted : 24/01/2022 3:21 pm
Karmadrome
(@karmadrome)
New Member Registered
Posted by: @bill337

hi,

CMS state they accept formal and informal evidence of arrangements. but often they insist on seeing a court order to confirm the arrangements. if your able to get a consent/court order that states that children live with both parents, and there is equal day to day care of children, then this should be enough for CMS to decide that you no longer have to pay maintenance. some people have had to go as far as taking it to a tribunal to sort out.  Would recommend this FB group, CMS support for non-resident parents  https://www.facebook.com/groups/239699060076601

Thank you Bill!

 

Ive applied to join the group 🙂

I going to speak to a solicitor also, during my divorce last year my solicitor said, and I quote 'your ex is having your pants down' my solicitor also said i should not be paying.

 

thanks again!

ReplyQuote
Topic starter Posted : 24/01/2022 4:00 pm
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