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TOPIC: 50:50 Equal Shared Care. CMS don’t care.

50:50 Equal Shared Care. CMS don’t care. 1 week 3 days ago #98192

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Seen other posts about this but don’t want to hijack their threads.

After a long court case (2 years, about £60,000 later) I finally got equal shared care of my son, simply put it is one week alternating with mother.

Provided the court order to CMS.

CMS don’t want to stop payments.

I have quoted their “How we calc child maintenance” guide page 29.

I have quoted Reg 50 of CMS Calulation regulations.

I have spoken with their calculation team.

I have quoted CMS Options.

I have given evidence of me being a contact with GP.

I have given evidence of me collecting/dropping my son during the alternating week at school when he is with me.

..... their response “she gets child benefits and is therefore the primary carer!”.

Has anyone successfully stopped CMS payments where there is an exact 50/50 split or know anyone who has?

It seems to be a mythical rule rather than one that has ever been applied.

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50:50 Equal Shared Care. CMS don’t care. 1 week 3 days ago #98198

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We have had Dads that have been successful but equally we’ve had some that haven’t. Have you referred to their 2012 Regulations on special cases? It does actually Tate that child benefit shouldn’t be used as a measure in these circumstances.

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

All I can suggest is that you go se you MP armed with the current legislation and ask for their assistance.

Best of luck

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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!

50:50 Equal Shared Care. CMS don’t care. 1 week 3 days ago #98199

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Mojo wrote: We have had Dads that have been successful but equally we’ve had some that haven’t. Have you referred to their 2012 Regulations on special cases? It does actually Tate that child benefit shouldn’t be used as a measure in these circumstances.

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

All I can suggest is that you go se you MP armed with the current legislation and ask for their assistance.

Best of luck


Thank you, I have quoted special cases clause 50, and read it to them
on the phone and sent by letter, no luck.

Firstly what I will do tomorrow is phone Child Benefits in the morning and inform them of the 50/50 shared care arrangement and my issue with CMS payments, probably won’t help.

Then will phone CMS and then send another letter to CMS saying they are breaching regulations, and child benefits has nothing to do with it.

CMS... what a pain!

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50:50 Equal Shared Care. CMS don’t care. 1 week 3 days ago #98201

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Have a read of this thread, first page.

www.dad.info/forum/child-maintenance/36289-shared-custody-50-50

It might give you the encouragement to keep at it!

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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!

50:50 Equal Shared Care. CMS don’t care. 1 week 2 days ago #98204

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Mojo wrote: Have a read of this thread, first page.

www.dad.info/forum/child-maintenance/36289-shared-custody-50-50

It might give you the encouragement to keep at it!


Phoned Child Benefits this morning. They stated only one parent can receive child maintenance.

Phone CMS back, they said Child Benefits are liars and I can get my name registered.

CMS confirmed the only reason why the case remains open is due to Child Benefits.

CMS also said on the phone they don’t care what the law is, they will use Child Benefits to determine the case and will challenge it in the High Courts.

Unbelievable.

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50:50 Equal Shared Care. CMS don’t care. 1 week 2 days ago #98214

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I think it would be better to conduct all communication with the CMS in writing from this point, I’m pretty sure that saying they don’t care what the law is, is absolutely wrong and there should be repercussions for that person... But proving they said it is pretty impossible.

Have you spoken to your MP? Did you read that thread I provided a link to... some interesting comments there. Perhaps you could quote Steve Webb MP

Check out a new members post from earlier today, he doesn’t have to pay because they accepted his court order. His username is Mieks.

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

50:50 Equal Shared Care. CMS don’t care. 1 week 2 days ago #98215

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Mojo wrote: I think it would be better to conduct all communication with the CMS in writing from this point, I’m pretty sure that saying they don’t care what the law is, is absolutely wrong and there should be repercussions for that person... But proving they said it is pretty impossible.

Have you spoken to your MP? Did you read that thread I provided a link to... some interesting comments there. Perhaps you could quote Steve Webb MP

Check out a new members post from earlier today, he doesn’t have to pay because they accepted his court order. His username is Mieks.


Thank you will look into this in more detail and will now revert to written comms only with CMS

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50:50 Equal Shared Care. CMS don’t care. 4 days 22 hours ago #98280

Hi Guys

First time on this site but I really feel your worry and pain. By writing this I really hope I can help any guy that has gone through what I have and thousands before me!

Together for 18yrs (married for 13yrs)
2 kids (boy & girl)
House (mortgage) she dealt with all the bills (control freak)

She wanted the Lions Share and leave me with nothing. Yes its hard to believe that the women you have spent years with could do this but I will give you one word.

Narcissist - study it and it might just save you.

I contacted the CMS, 3 times because of her demands for Child Maintenance.

Despite her best attempts and the mud throwing at me through Mediation, I managed to negotiate a fair rota for the children on a 50/50 basis. This includes school holidays as my work is flexable.

This rota has to be strict because of the Narcissist I am dealing with.

Each time they have told me that the CMS standard calculator on their site CANNOT factor in 50/50 shared care. (ring them instead)

All 3 times they have asked me to download their guide, on page 52 and directed me to this section.

This is only based on the number of nights a child stays with the paying parent and assumes that the receiving parent still carries out most of the day-to-day care. If the paying parent can prove that they carry out an equal amount of day-to-day care as well as having equal shared care then the Child Maintenance Service regards neither parent to be the paying parent so their child maintenance would be set as nil – even if one parent receives child benefits or tax credits as the child’s parent. Where there is equal day to day care, and there is no paying parent means that there cannot be a statutory case and the Child maintenance Service would not being able to process the application as there is no identifiable paying parent.

I now receive Child Benefit for my daughter and I had to use my Solicitor on this because she was having none of it, but guys you have to act fast at the early stages of the split. They made this decision because they thought it was fair. So Stand strong guys it can happen.

She thought that the family home would be hers, child benefit hers, child maintenance her, basically everything hers and me left with nothing.

Wrong guys, we have as much right now but you need to stop listening to what they are telling you and do your own homework instead and stand strong.

But because of my position regarding the other being a Narcissist this isn't over, because all she has left now is the children. The control is sliding away from her. She hates that she can't made any decision without my consent, but she does try and use her manipulation tactics but they don't work anymore on me.

She will at some point in the next 12 months, contact the CMS and try and raise a claim against me in an attempt to continue to disrupt my life because its drama and a Narcissist has to feed off this kind of thing for supply.

I am prepared because I know my rights and know where I stand. I have every receipt boxed that I have paid for my children this includes:

School (half payments)
Uniform, shoes etc
Clothes at my house
Trips away

Basically anything you spend on the children you need to file.

If this only helps one person then it has been worth my time writing this.

I wish you the best of luck guys.

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50:50 Equal Shared Care. CMS don’t care. 4 days 18 hours ago #98288

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Thanks Lando, hearing of others success in this can only help spur on our members that are still struggling.

Would it be possible for you to provide a link to the guide that they asked you to download? It’s always a good idea to use their own guidelines to back up a claim.

Thanks and well done for keeping on top of your own situation, long may it continue.

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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!

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