CMS wrong calculation?

[JoJo2106]

Hi,

My ex partner currently pays maintenance through the CMS. We are about to have our yearly review but the shared care arrangements have also changed. Ds now stays with dad 2 nights one week and one night the next week. I think that roughly works out about 70 odd nights a year?

I have just had a letter today though about the change in payments because of the shared care and it says in the letter it is "Band B" shared care. Now correct me if I am wrong but after doing a bit of research band B means ds stays with his dad over 104 nights per year.

Have I got this right so I can call them in the morning and challenge the decision as the maintenance calculation has dropped quite a bit because it is in Band B and I think it should be Band A.

Thanks in advance

52 to 103 nights = 1/7 reduction in your weekly allowance

Band A is 0-52 nights (i think)
Band B is 52 - 103 (I think)

Can't find my letter to double check but it gets reduced by 1/7 then by 2/7 for the next band

Also -

cmsoptions.org

They have a calculator which should give you the correct info - if you have his wage details (they're normally on the new calculation) they should be able to tell you if they have it wrong :-)

But I would assume Band A is what you should be in as that's 52-103 nights I think

Thank you for that. Yes I def think it should be band A. I think they've mistakenly got the info down as ds staying over twice every week and that's not the case its twice one week and only once the week after. If it was twice a week then that would push it over 104 nights and take it to band B.

Just wanted to make sure am right before I ring them up as It just stresses me out dealing with it all lol.

@GiveMeFood12 - Good idea about using the online calculator..I have just done this and am definitely in the wrong band. Will be on the phone first thing in the morning.

Thank you

What about holiday contact?

I too thought of holiday contact. That should push it up a bit. The arrangement you describe comes to 78 nights (so a but different to 70-odd), so it will only take 4 extra holiday weeks during the year to bump that up.

There is 7 nights for holidays. Overnight Contact has only started a couple of months ago.

Ds is only months old so there is 7 nights this year and other years there will be 14 nights.

20 months old sorry lol

I have a quick question, how long did it take for CMS to recalculate your yearly review?

why do they call it Band B without explanation? I can't seem to find it very easily, but have seen a reference to it being 104-155 nights a year. Definitely follow it up with CMS.

@LetsBreakItDown we haven't had it yet it's due the 20th but ip to now I have had letters about it just recently so am guessing it's going to be pretty quick as our new payments are starting on the 20th so should hear back pretty soon.

@Collaborate - I know I don't understand it either. This was my thinking too that Band B was the 104 nights plus per year and i was right. I called CMS today and they have confirmed I should be in Band A as ds stays 78 nights a year with his dad. Even with the 7 nights holiday contact it is still nowhere near 104 nights. They are having to do a mandatory reconsideration which can take up to 4 weeks. Least it will be sorted in the end though. Pleased I was on the ball about it as some people may not have realised.

B is 52 to 104 approx. Mine was lower. Now ds goes less that 52 so its a

Band A is 52-103 nights. I was on the phone to CMS earlier and they did confirm this. This Is the band i should be in but they have mistakenly put me into Band B which is 104 nights at least. Will hopefully be sorted soon.