CMS Calculation question

[FallenFigs]

Can anyone help on this CMS query?

On the front page of the CMS calculator, it states that if you have an arrangement of half the time, then CMS is not payable.

However, when you go through the steps of the calculator, there are various options for how often the paying parent has the children per week. One of these options is ‘half the time’. If I select this option, it calculates an amount for the paying parent to pay. This directly contradicts the front page. Which is correct, and why?

If it's genuinely 50:50 then no payment is required. The calculator is wrong. The only potential exception to this is if one of the parents earns over £150K as then I think you can apply to court.

Great. What is the point of the calculator then?!

CMS are a shambles to be honest. They are showing different amount to each parent (within the account, not via the calculator).

If it’s 50:50 shared care no cms is payable

The underlying law, I believe, says that no maintenance is payable if the arrangement is truy 50/50.

But you could have equal nights, and the rest of contact with the child might not be 50/50, which is when CMS applies. e.g. if one parent is just acting like a sleeping place doing nothing else.

This is not 100% true. I had a review from CMS with a 50:50 split and still got awarded maintenance.

@Tinybiker based on what ?

If it's true 50/50 it's not payable, but 50/50 time does not mean 50/50 parenting. So if the kids split the nights 50/50 with both parents, but only 1 parent was booking all appointments, taking time off with sick kids, buying cloths/uniform, was the main contact for school etc. They would be the primary caregiver, so could claim CMS. If the parents dispute if it's truly 50/50, CMS can review evidence and decide.

Im not sure really. Maybe because I was the resident parent. I didn't question it just went along with what CMS said.