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
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