Just a quick update, I have raised a mandatory reconsideration, even asked my employer for an email/letter acknowledging the fact I have changed my working arrangements to WFH the week I have the boys. Just something I can upload to CMS, I know i maybe 'clutching at straws' but willing to try anything. All I get is "I need to supply evidence" but never told what. I have offered to take photos of my boys uniforms, bedrooms, to prove the setup they have. I have even thought about getting a ring doorbell and uploading the video showing me doing school drop off/pick ups etc, anything to stop this and my ex wife's lies.
I have also found a very good solicitor who is now going to write to my ex, in the first instance, about child arrangements and if she will not accept terms then we going for a court order.
- Hi has anyone progressed to tribunal ? I have mine next week and I’m so worried I will lose . CSA want £68 a week for mother I have 50/50 with . I also pay £277 for a child I have no access to . This will utterly cripple me . I am not off sick from work as I am on the verge of a mental break down . I don’t know where I’ll get the money from to continue paying for my sons ju jitsu and swimming lessons and also for petrol for all the pick ups and drop offs I do . 28 mile trip almost every day . It’s even more galling when I have a CAFCASS report that states mother struggled with day to day care which is the reason I was rewarded 50/50 which almost led to me having full custody . I am broken.
@nathbeckcooke hi .. have you had any luck ? I’ve got my tribunal next week . Bricking it
I went through an absolute battle with CMS to get them to stop child maintenance payments when I had 50/50 shared care. Especially as mother gets the child benefits!
I quoted this a few times to them, in writing via secure messaging and post, and, phone! It did take a few months though....
Please refer to The Child Maintenance Service “How We Work Out Child Maintenance, A step-by-step guide”, which is enclosed, see Page 29, which states:
“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 childmaintenance for that child.”
The Child Support Maintenance Calculation Regulations 2012, Chapter 4, Special Cases, Clause 50 states that I cannot be classified as a non-resident parent because;
a. I do not provide day to day care to a lesser extent than mother. I have my son 50% of the month, taking him to nursery, medical appointments etc.
b. The Court Order I have provided clearly states that care is 50% between father and mother that there is an equal amount of night and day care between both parents, therefore, the rationale that the parent i.e. the mother receiving child benefit is a “resident parent” is incorrect. The Court Order overrides this as it states both parents have an absolute equal live with arrangement.
I am not a non-resident parent, and determining this by who receives Child Benefit is incorrect as evidence has been provided that there is an absolute equal live with shared care arrangement.
“Parent treated as a non-resident parent in shared care cases
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.(3) Where the applicant is receiving child benefit in respect of the qualifying child
the applicant is assumed, in the absence of evidence to the contrary, to be providing
day to day care to a greater extent than any other person.”
Hi All,
I stumbled upon this as I'm currently going through this process and hoping to gain some knowledge and perhaps some support as so far Child Maintenance (CM) have made me feel like a lower lifeform.
I have been going through this and I'm now at the point where my mandatory reconsideration has been rejected and I will need to appeal to try and have legislation 50 applied and it acknowledged that I have 5050 day to day shared care of my daughter.
I provided CM with so much evidence of me providing day to day care in terms of financially, medically, emotionally and just basically in any way I could think, they have however ruled that because I don't have a court order (I tried way back and my daughters mother ignored the letters from a solicitor to which I was told I have good access so shouldn't take it any further as wouldrisk losing that access) and the mother gets Child Benefit that I was not seen to have shared day to day care. They also stated that they took verbal evidence from her that the amount of time I have my daughter was not correct.
They have left me on their shared care band so I get a discount in the amount I pay however my daughters mother still expects me to pay for other items such as school clothes, glasses and other items citing what I pay is the bare minimum.
This isn't about the money for me btw, I have no issue with paying for my child, however I can't afford to be the dad I want to be and also pay Child Maintenance. Ie when her mother refuses to pay for her glasses which she needs to be able to see properly and read under CM rules I don't need to buy her these and if I do I am so voluntarily, however as a father I just can't let my daughter go without and then find myself having to put these kind of purchases ahead of myself being able to eat towards the end of the month.
My question is do I go through the stress of appeal? Has anyone on here been through the appeal process with a tribunal and can provide me with some advice? OR do I just stick to exact rules and pay my CM and no more other than the cost of having my daughter when I have her.
@girldad32 hi, there are many paying parents who have and are currently going through the appeals process for this situation. recommend you join this group: https://www.facebook.com/groups/239699060076601
@carmad hi, do you mind sharing the details of your solicitor? Did they manage to resolve it for you?
If you have a court order saying equal care the both parent do not have more or less day-to-day care of the child then "Special Cases" is applied under "The special Cases in The Child Support Maintenance Calculation Regulation 2012, Chapter 4, Clause 50" https://www.legislation.gov.uk/uksi/2012/2677/regulation/50/made
CMS are misunderstanding the regulations as they apply the following clause out of context as follows: "Clause 50 (3) Where the applicant is receiving child benefit in respect of the qualifying child the applicant is assumed, in the absence of evidence to the contrary, to be providing day to day care to a greater extent than any other person."
CMS make the assumption that if someone receives Child Benefit they are referred to a the "Primary Carer" or "Receiving Parent". They ignore the rest of the sentence that says " to be providing day to day care to a greater extent than any other person." which is not correct. I have spoken to CMS and explained this and they agree that I am correct and they claim this will be addressed and raised. The man I spoke too was called Joff (Team Leader) who was very understanding on the 7-Feb-2024 @ 11:10 whom confirmed this will be addressed and raised. I should point out that the term "Primary Carer" has not existed in the family courts for over 10 years. However, my hope is this will be addressed and people will not find themselves in the same position.
However, I have found on this website this has been happening for some time and nothing has changed so my intension is contact my local MP as they are not following the regulations correctly and it needs to be addressed.
Interesting how many people have a similar problem still trying to resolve. My ex and I share 50/50 care. No argument re that. She applied and got CM. I rang and disputed, had a mandatory reconsideration turned down as 50/50 care was not disputed and therefore no change.
I spoke to someone who agreed something was not quite right and they put my case to their technical team who closed the case.
My wife put in a mandatory reconsideration and was turned down. She then put in a tribunal request that is awaited. Partly due to the fact that the first person she spoke to assured her she had a case based on child benefit.
Fingers crossed that the tribunal goes by way and keeps the case closed.
Hello Everyone,