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Shared Care 50:50 and the new Child Support Rules

2 replies

STIDW · 15/01/2014 17:37

I don't very often start a thread, but I'm trying to get my head around the new child support scheme. As I understand if the care of children is shared exactly 50:50 neither parent is deemed to be the non resident parent so the child doesn't qualify for child maintenance under the 2012 rules. When the Child Maintenance Service doesn't have jurisdiction a court application can be made for a child maintenance order.

For example, if parents sharing care equally agree child maintenance in a consent order neither parent would be able to apply to the CMS after one year and they would need to apply to court to vary the order. Or a lower income could apply for a child maintenance order against a higher income parent with care. Is that correct?

OP posts:
Collaborate · 15/01/2014 22:55

Interesting question (afraid I haven't the answer).
I suppose it depends on whether the CSA are declining jurisdiction, or whether they are simply doing a nil assessment (I suspect the latter).

STIDW · 17/01/2014 19:05

Indeed, it will be interesting to see how it pans out.

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