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Divorce/separation

Shared care and child benefit/maintenence

3 replies

NannyPlumBum · 02/06/2016 17:11

Does anyone know for certain that if 2 parents have exactly 50:50 shared care and responsibility for the children - should maintenance have to be paid?
Csa are saying that the parent in receipt of child benefit should receive maintenance.
I'm also finding conflicting information online as to what is actually the correct case...
Any help gratefully received. Thanks

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wabbitears · 02/06/2016 17:31

The CSA are no longer taking on new cases, all new cases are now dealt with by the Child Maintenance Service.

Under the Child Maintenance Services if the paying parent can prove that they carry out an equal amount of day-to-day care as well as having equal shared care then the Child Maintenance Service regards neither parent to be the paying parent so their child maintenance would be set as nil even if one parent receives Child Benefit or tax credits as the child’s parent. Where there is equal day to day care, and there is no paying parent means that there cannot be a statutory case and the Child maintenance Service would not be able to process the application as there is no identifiable paying parent.

Of course, you can still have a family based arrangement where you have an informal agreement regarding child maintenance, sometimes where parents are equally sharing care, they may agree that the higher earner contributes more to larger expenses such as school trips, uniforms, extra-curricular activities etc, or to equally share those costs (for example).

There is more info on child maintanence on the GOv.Uk website, and Child Maintence Options offer free and impartial advice on child maintence, their free helpline number is 0800 988 0988 (open 8am-8pm Mon-Fri)

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NannyPlumBum · 02/06/2016 18:09

Sorry I meant CMS. Thank you so much for the information. I will pass it on x

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Minime85 · 02/06/2016 22:20

You can do as you wish between the two of you. No need for csa. They are trying to get rid of cases.

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