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TOPIC: Child Maintenance - child not taken into consideration

Child Maintenance - child not taken into consideration 7 months 1 week ago #98207

  • Meiks
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Hi all,

I have an interesting situation

I have a 11 year old daughter who lives with me 50/50, agreed with through court a few years ago. Her mother claims the child benefit and through CMS they have agreed I do not have to make payments due to shared custody. Although through her mums account I pay £50 a month to cover her school fees and after school clubs.

I also have a 3year old son with another ex, but I don't see him due to the mother living a very long distance away. I pay full maintenance for him (not an issue)

However the issue is that the CMS don't include my 11 year daughter into his payments at all. She's s not classed as a 'dependent' who lives with me as its only 50/50 (and because I don't receive the benefit) nor is she classed a paid for child because the CMS have told me I don't need to pay for her.

So I have to pay for my son as if my daughter doesn't exist?

Bizarre and doesn't sound right to me.

Thoughts?

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Child Maintenance - child not taken into consideration 7 months 1 week ago #98216

  • Hubs
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“Her mother claims the child benefit and through CMS they have agreed I do not have to make payments due to shared custody.”

How did you get CMS to agree with this? Which information did you provide?

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Child Maintenance - child not taken into consideration 7 months 1 week ago #98220

  • Mojo
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Hi there

I’ve had a quick look at the CMS guidelines and it says that they take account of looked after children that the paying parent gets child benefit for, I guess that’s the rule they are applying... check page 13 of the link below

www.gov.uk/government/uploads/system/upl...hild-maintenance.pdf

Perhaps you can ask them to look at it again.

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

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Child Maintenance - child not taken into consideration 7 months 1 week ago #98228

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Thanks Mojo. I will write a letter back in response now rather than calling their phone lines where the person clearly knows sweet F all about CMS own policies

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Child Maintenance - child not taken into consideration 7 months 1 week ago #98230

  • Meiks
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Hi hubs

So my 11 year olds mother tried going through CMS for payments. However I provided a copy of our shared care agreement (which went through the family court) to the CMS and they wrote back to me and ex partner notifying her that I wouldn't need to make payments as share is equal.

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Child Maintenance - child not taken into consideration 7 months 6 days ago #98245

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This just shows how unjoined up the CMS can be! Too often it’s down to the individual interpretation of the rules .. or should I say misinterpretation!

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Child Maintenance - child not taken into consideration 7 months 5 hours ago #98349

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In theory, the complaints or appeals process should iron out the anomalies (and educate case workers whose decision is overturned), but I suspect that doesn't happen either.

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