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TOPIC: CSA/CMS LEGISLATION - SHARED RESIDENCE

CSA/CMS LEGISLATION - SHARED RESIDENCE 5 years 4 months ago #46807

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I haven't been on here for a while but am currently in the process of appealing a CM decision and have found some information which some may find useful. I am no expert and if CMO are still on here I would appreciate some clarity myself!

Regulation 50 (2) child maintenance calculations (2012/2677) says:

"50.—(1) Where the circumstances of a case are that–
(a) an application is made by a person with care under section 4 of the 1991 Act(a); and
(b) 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,

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."


> Implies that if you can prove shared care, no maintenance is liable. Only applicable under CMS/CSA 3/post-2013 applications

Leaflet CMSB007GB v004 (April 2013) ISBN 978-1-78153-853-1, published by the CMS, states on Page 29:

Q: What happens if the day-to-day care of a child is equal between a paying parent and a receiving parent?
A: In this situation, the paying parent does not have to pay any child maintenance for that child.


> Again implies that 'NRP' is not liable to maintenance IF you can prove shared residence (again post-2013, CMS/CSA3 only)

In a letter from Steve Webb MP Minister of State for Work and Pensions to a like-minded Dad:

"However, if and only if, care is shared equally (this is a different test from the number of nights' test), neither parent will have a maintenance liability.”

> It goes on to say that the Child Benefit assumption/test still applies unless evidence to the contrary is unequivocal but again hope for anyone on CSA3/communicating with CMS.

Now, does anyone have any advice on how to challenge CSA2/2003 Regulations on these new "guidelines" or how to impel CSA to transfer older cases to CMS??

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CSA/CMS LEGISLATION - SHARED RESIDENCE 4 years 10 months ago #58050

Hello, I am new to the Forum but joined because I am fighting this very thing with CSA.

I have had Court Ordered Shared Care since 2010 but still have to pay my ex money every month; which as a law abiding citizen I do. However, trying to get my case transferred to CMS is proving to be a nightmare. The whole "Regulation 50" thing, whilst fantastic of Parliament to include, is very much 'tucked away' and unless you either stumble across it (as I did) or someone tells you about it, the inference is that it is kept quiet.

All I want is equitable treatment and if the legislation says (subject to proof) that as I have shared care "not to a lessor extent" then I should not have to pay my ex. starting now! Obvioulsy I appreciate they have to consider the recipient (they are far more important of course !) and give requisite notice etc. but they are making me wait so meaning my family including my boys suffer financially every month for at least the next 2 years - it just can't be right!

I'll keep you apprised of my progress.

Cheers.

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CSA/CMS LEGISLATION - SHARED RESIDENCE 4 years 10 months ago #58106

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As I understand it, unless there is a a change (such as another child), then you can't close the case with the CSA and open it with the CMS (in fact, I think they put in place measures to stop parents doing this) and you are stuck with the CMS timetable of transferring cases

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CSA/CMS LEGISLATION - SHARED RESIDENCE 4 years 10 months ago #58190

Hello

The parent that opened the case with the Child Support Agency (CSA) can close the case at any point. To do this they would have to contact the CSA directly. Their contact details on any letters they have sent you or on Gov.uk at www.gov.uk/child-maintenance .

Parents that close their case with the CSA can make an application to the Child Maintenance Service, however, they would have to wait the 13 week period before they can make the application.

For more information on the different ways to set up child maintenance, you can visit the Child Maintenance Options website at www.cmoptions.org .

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation .

Regards

William

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This information which Child Maintenance Options has provided is not a substitute for independent professional advice and users should obtain professional advice relevant to their particular circumstances.

Please note: the Child Maintenance Options team cannot answer any questions relating to a specific CSA or Child Maintenance Service case

CSA/CMS LEGISLATION - SHARED RESIDENCE 4 years 9 months ago #59453

Child Maintenance Consultant wrote: Hello

The parent that opened the case with the Child Support Agency (CSA) can close the case at any point. To do this they would have to contact the CSA directly. Their contact details on any letters they have sent you or on Gov.uk at www.gov.uk/child-maintenance .

Parents that close their case with the CSA can make an application to the Child Maintenance Service, however, they would have to wait the 13 week period before they can make the application.

For more information on the different ways to set up child maintenance, you can visit the Child Maintenance Options website at www.cmoptions.org .

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation .

Regards

William


William, I fail to see how your post is of any use in this thread. Are you suggesting the PWC (I use this term as stated in law) who is still demanding CSA payments from the NRP even though there is 50/50 shared care would agree to closing the case???

I understand there are some fantastic PWCs however my experience is having got 50/50 shared care and being expected to STILL pay it is un utter disgrace, the CSA instead of making bland statements such as yours should perhaps quantify when it will initiate legislation to allow NRPs with 50/50 care to achieve equality.

I find the legislation and the debt collection mantra of the CSA for NRPs who see and pay for their kids a national disgrace.

Again Father's (oh sorry let's use some homogenised speak) NRPs have no rights and are at the beck and call of the PWC (even if it is 50/50).

Apply for Child Benefit, no sorry can only pay to one parent (with one child). Can I have it then, no sorry it's being paid to the Mother, CSA can you help no sorry this is an HMRC issue.....etc etc.

I cannot put into words what our so called legislators, Civil Servants have created.....shocking inequality

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