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TOPIC: CMS for equal 50:50 care

CMS for equal 50:50 care 3 weeks 3 days ago #97954

Hi,

I have a recent court order for 50:50 equal shared care both in term times and holidays.

I rang the CMS and gave the court order to them, and they said they would recalculate. I was expecting, as all day-to-day care is now shared equally and the number of overnights is equal, to have zero liability to each other. Instead, they reduced the amount but still maintain she is the "resident parent".

After having a brief chat with them it would appear that as my ex is the person who receives child benefits, and who is the primary contact at the doctor's and dentists (despite me also being a patient there and also being a contact), that I still have to pay maintenance to her?

Is this some kind of joke? As if when the child gets sick I'd ring her to ask her to take our child to the doctors and not go myself? Dafuq?

Back-door spousal maintenance? Because it will be spent on gardeners and nights out! Rant over, cheers.

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CMS for equal 50:50 care 3 weeks 3 days ago #97955

Ive got the same problem. The CMS have believed my ex wife's version of events. I have sent a calendar to them showing that I had my two children around 200 nights in last 12 months, but they ignored that and just went off the Child Benefit as she gets both

I was advised by the Child Maintenance Options team to therefore claim the child benefit for one of the children

Then in their eyes it will be shared.

It is crazy because i wont qualify for the money, she will lose it, but its only way to prove it.

Maybe this is a bit like the Theresa May hostile environment in the Home Office!

I actually think that this system is discriminatory.

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Last Edit: by Nate Graham.

CMS for equal 50:50 care 3 weeks 3 days ago #97956

Yep crazy, in my case we put the child benefit in mum's name as she doesn't have a job and therefore wouldn't collect any credit towards a state pension. I wouldn't want her to lose this and I think it's right that she continues to benefit from it. I honestly don't need it.

That said when we got divorced she got very well looked after - so much that she now lives in a mortgage-free house while I have a large mortgage and a smaller house... on the proviso of a clean break...

and now apparently I have to pay child maintenance for a child that lives with us completely equally!

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CMS for equal 50:50 care 3 weeks 3 days ago #97964

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Hi there

Have a read through the child maintenance rules, there’s mention of “Special Cases”which I think applies in your case. Page 32 Chapter 4 para 50. But read through it it might help to argue your case, it’s their rules!

www.legislation.gov.uk/uksi/2012/2677/pd...122677_301114_en.pdf

But there’s reference to electing not to receive child benefit, which for their purposes shouldn’t be used to decide on non resident parent status.

Best of luck

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Last Edit: by Mojo.

CMS for equal 50:50 care 2 weeks 3 days ago #98073

Hi there

I also have equal care but as my ex receives child benefit she is classed as primary carer even though we are equal care.

Spoke and asked CMS to review this, 6 months later they stated no change. I have asked for a further review which has also been rejected and now in process of appeal.

Corrupt system in my opinion, they have verbal from myself and ex that is equal care and they have a brochure which states if equal care no parent shall pay maintenance.

I've no faith in the system.

My personal opinion.

Thanks

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CMS for equal 50:50 care 2 weeks 3 days ago #98074

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I think they make the process difficult and long winded in the hope that people will give up and accept it.

If your ex is also stating that you both have equal care, would she not close the claim and agree that you both contribute to your child’s expenses.

Have you checked out the link I provided? It might also help to get your MP involved.

Best of luck

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

CMS for equal 50:50 care 2 weeks 2 days ago #98084

Far as I no whoever gets the child benefit its the king, queen, ruler and commander

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CMS for equal 50:50 care 2 weeks 10 hours ago #98131

Do you have a court order? Thing I dont understand in my case is it is clearly 50:50 shared care, day to day as well as nights. The court order is clear - on the days I have the child it's all the time with no input from mum, and changeovers are done at school - there is zero interaction between the parents face to face.

There is no difference in day to day care, it is there court-ordered, in black and white.

Who gets child benefit is by the by and has no bearing on this... Grrr grr lol

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CMS for equal 50:50 care 1 week 3 days ago #98193

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SpikeyMcSpikey wrote: Do you have a court order? Thing I dont understand in my case is it is clearly 50:50 shared care, day to day as well as nights. The court order is clear - on the days I have the child it's all the time with no input from mum, and changeovers are done at school - there is zero interaction between the parents face to face.

There is no difference in day to day care, it is there court-ordered, in black and white.

Who gets child benefit is by the by and has no bearing on this... Grrr grr lol


I’m in the exact same boat.

Do we know anyone who has successfully had their case closed due to 50:50 care?

Child benefit is stupid method to workout the primary carer.

I will phone Child Benefits tomorrow about this. It isn’t on.

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