CMS with 50/50 care split

[mum dad]

Hi All,

I am a Mum, but in a 'Dad' role. My ex didn't work and 'looked after' the kids, I.e. kept them alive until I walked through the door.

We split over 2 years ago. He wouldn't leave and I had to sign the child maintenance to him so he could get benefits for the kids. We have them 50/50 exactly. He has now put in a cms claim and won! I need to fight it. I'm speaking to a section 50 specialist lawyer soon, but I wondered if anyone had any advice, or template letters or anything that can help me! I will share what I learn on here for others in a similar situation.

Thanks for any help!

Mum Dad

 

[Roblox]

Hi

You may already know this but I think you have to demonstrate you are doing 50 percent of the day to day stuff including things like appointments etc.

If this kind of stuff is all done by the other parent it can demonstrate they are the primary carer regardless of 50 50 split of time.

 

[mum dad]

Hi

You may already know this but I think you have to demonstrate you are doing 50 percent of the day to day stuff including things like appointments etc.

If this kind of stuff is all done by the other parent it can demonstrate they are the primary carer regardless of 50 50 split of time.

Thank you. I take them to the opticians, always, and the Dr's if they need to go. He takes them to the dentist (when I tried to do this he went mad at me). Other than that, clubs and things, I pay for all of it, and whoever's week it is takes them.

 

[Resolute]

I find this thread particularly informative:

This is how I stopped Child Maintenance with 50/50 shared ca...

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 ...

www.dad.info

There are lots of great resources and angles in one place. From my personal experience, you have to keep hammering away at CMS. Phone them again and again and again, until you finally get the person who will listen. Take notes of every name, every call, every promise. Where anything is wrong, tell them you need the call escalated. Refuse to accept your problem is resolved to each level of sweet-talker your concerns are pushed up to. They will butter you up and make you feel heard without actually doing anything to resolve the situation. Do not get pulled in by this. Challenge every decision up to the point of registering for a tribunal, keep calling to explain what is wrong and try to resolve at every stage. It is tireless, like a full time job, but you have to keep going. Choose the technical point they are getting wrong, or the error/oversight that has been made, and stick to it like a dog with a bone.

I'm feeling a little re-traumatised now so I'll stop

EDIT
I forgot to say, I got much further presenting as confused and distressed than I did when I let a shred of anger or resentment into my manner. Let them be the rescuer. It takes a while to get them on side in each call. Several confided in me that they spend 80% of their time dealing with parents who have no intention of paying valid claims. The good ones are no more impressed by the CMS than you are.

 

[phil105]

I have spoken to CMS whom acknowledged that their understanding of the regulation is incorrect however since there appears to be a culture/training issue they appear to be unwilling to change the internal policies and procedures and insist that I contact my local MP. This has been happening over the last 5 year but may be longer.

I will keep trying to challenge them and have written a letter of complaint for a formal response.

I have a detailed explanation below but I hope you may have some contacts that I can liaise with to assist them in following the regulations correctly?

Explanation of the breach in The Child Support Maintenance Calculation Regulation 2012

If you have a court order that saying both parents have equal cared and neither parent has 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

The interruption of the regulations by CMS is incorrect 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 to 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.

 

[Resolute]

In my conversations with CMS it was strongly implied that political overlords tie their hands on issues that are repeatedly brought for resolution. It was stated clearly that >80% of their conversations are with non-paying parents who have not given reason not to pay. On several occasions I was convinced that the person I spoke too was almost as frustrated by this shambles as I was.

Realising that they are repeatedly attacked for something they canmot change, led me to take a much softer approach. It is possible to form an alliance with the bureaucrat if you play your cards very carefully.

 

[Ash]

Hi All,

I am a Mum, but in a 'Dad' role. My ex didn't work and 'looked after' the kids, I.e. kept them alive until I walked through the door.

We split over 2 years ago. He wouldn't leave and I had to sign the child maintenance to him so he could get benefits for the kids. We have them 50/50 exactly. He has now put in a cms claim and won! I need to fight it. I'm speaking to a section 50 specialist lawyer soon, but I wondered if anyone had any advice, or template letters or anything that can help me! I will share what I learn on here for others in a similar situation.

Thanks for any help!

Mum Dad

Hi. Are there any court orders in place, or is it an informal 50/50. Because he is receiving the child benefits, the CMS may class him as the primary carer, unless there is a court order that clearly shows equal shared care for equal amounts of time.

 

[Resolute]

In my conversations with CMS it was strongly implied that political overlords tie their hands on issues that are repeatedly brought for resolution. It was stated clearly that >80% of their conversations are with non-paying parents who have not given reason not to pay. On several occasions I was convinced that the person I spoke too was almost as frustrated by this shambles as I was.

Realising that they are repeatedly attacked for something they canmot change, led me to take a much softer approach. It is possible to form an alliance with the bureaucrat if you play your cards very carefully.

Must be getting old, I'm repeating myself. Didn't realise I already commented on this thread. Excuse the repetition