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CMS & Equal Shared Care

MarisDad2

New member
Founder Member
Hi Guys,

Am back again with another question more so than an issue - hoping to get some clarification.

So as I mentioned previously I have a 'lives with both parents' Child Arrangement Order and my schedule is as per the following:

Week 1: Mon 6pm - Weds 6pm
Week 2: Mon 6pm - Weds 6pm / Fri 6pm - Sun 6pm

Holidays: To be split equally

I recently had an appeal with the Tribunal for CMS - the basis of my appeal being that the level of care of my son from myself was no less than that of his Mum; therefore, I shouldn't have to pay any maintenance (under Regulation 50(2) of the Child Support Maintenance Regulations 2012)

However, my appeal was refused. I am still waiting on the official statement of reasons but my understanding of the reason why is essentially that when my son is in my care during the week, I take him to nursery. Whereas, when he is with his Mum, he is largely at home with her (goes to nursery one day in the week when with her).

I genuinely thought the living arrangements I had would demonstate the requisite level of equal care but if not, my question is then, if the reason for the refusal is indeed that he is physically in her care more than he is in mine - is it the case that when he goes to school (he will start in September this year) then Equal Shared Care (as per Regulation 50(2)) should actually apply? Because in this instance, during the week he is in neither parent's care - but at school.

Please let me have your thoughts - racking my brain here
 
Good point! I have heard of this before. And was actually told this by someone at the CMS. That even with a shared care order they need to a) see the order wording and b establish which parent is the parent with the most care. He said in their books, that could be the parent who takes child to Doctors and Dentists appointments - they'd be seen as the "main" carer even with a shared care order. I said - but that's what a shared care order is - sharing the care! We are both the parent with care. He said - but sometimes one is the "main" carer.

But that's a good point that when they're in school neither of you care for them during the day. Looking at your schedule though, it's not quite 50/50 if the week-end ends at 6pm Sunday. So then they will count her as the main carer - even though it's a shared care order.
 
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