The UK's largest and most visited divorce site.
Modern, convenient and affordable services.
We've helped over 1 million people since 2007.

Click this button for details of our

email, phone nbr and free consultations.

How To Contact Us

50/50 shared care

TurboB
Posted by
Platinum Member

05 Jun 15 #462633 by TurboB

Topic started by TurboB

Hi,

If you have 50% shared care, how would this impact CMS payments?

Is there still a concept of resident parent and non-resident parent?

Also, how would such an arrangement impact any benefits received?

Ta.

Child Maintenance Options
Moderator

05 Jun 15 #462636 by Child Maintenance Options

Reply from Child Maintenance Options

Hello TurboB

When calculating maintenance overnight stays with the paying parent should be taken into account. If both parents have equal care of a child, there is a possibility that there would be no maintenance payable. However, this has to include daytime as well as overnight care and be proven.

The current terminology for the parents arranging maintenance is the paying parent and the receiving parent.

Maintenance payments should not affect most income based benefits at all.

Regards

William

stepper
Platinum Member

05 Jun 15 #462637 by stepper

Reply from stepper

It all seems a bit vague and down to interpretation. I remember my son sending in a list to the CSA as he had had his children for over 50% of the time for over a year. He was eventually allowed two nights discount for the time in question.

TurboB
Posted by
Platinum Member

09 Jun 15 #462768 by TurboB

Reply from TurboB

child maintenance Options wrote:

Hello TurboB

When calculating maintenance overnight stays with the paying parent should be taken into account. If both parents have equal care of a child, there is a possibility that there would be no maintenance payable. However, this has to include daytime as well as overnight care and be proven.

The current terminology for the parents arranging maintenance is the paying parent and the receiving parent.

Maintenance payments should not affect most income based benefits at all.

Regards

William

William,

If the arrangement was alternate weeks covering both nights and days, and could be demonstrated - then would this remove the need for CMS payments?

Also, if one parent is receiving child benefit, should this then be shared equally?

Ta

Fiona
Platinum Member

09 Jun 15 #462774 by Fiona

Reply from Fiona

Under the Child Maintenance Service regulations neither parent is the non resident parent when child care is shared exactly 50:50 so the CMS cannot process a claim. Therefore if child maintenance was agreed as part of a Consent Order settling the overall finances on divorce the order remains in effect.

Only one person can claim Child Benefit for a child. If someone else claims the DWP makes a decision who should receive CB. When care is shared exactly equally and there is more than one child the DWP may decide to pay each claimant for one child ( or more!) However CB is means tested.

TurboB
Posted by
Platinum Member

10 Jun 15 #462811 by TurboB

Reply from TurboB

Thank you Fiona

Child Maintenance Options
Moderator

11 Jun 15 #462846 by Child Maintenance Options

Reply from Child Maintenance Options

Hello TurboB

If your circumstances are 50/50 shared care with alternate weeks and could be proven, this would mean that the Child Maintenance Service could not identify a main carer. Therefore, this could mean that a statutory maintenance case would not be able to be put in place. For full clarification on this for your personal circumstances, you can contact the Child Maintenance Service directly, www.Gov.uk.

As mentioned previously by Fiona, only one person can claim Child Benefit for a child and if both parents apply, HMRC will decide which parent receives it based on the evidence presented to them and the individual circumstances of the case. You can find more information and eligibility rules surrounding Child Benefit here, www.gov.uk/child-benefit/eligibility

Regards

William

Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.