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

I worked it out as 78 so yes challenge it

Just give them a ring and ask to check the claim. They will be more than happy to go through it with you. I know the Cms get a lot of bad press and I have been frustrated by the system. But they have always been helpful over the phone and answered any of my questions.

Like eve34 I’ve always found them very helpful (when you get them on the phone!). Call and tell them

The child stays 78 nights a year - what about time in the school holidays, Christmas, Easter etc on top?

1st band is less than 52 nights a year
2nd band is 52 - 103
3rd band is 104 - 155

So 2nd banding would be correct.

Northern spirit - Ds is only 20 months old so school holidays dont apply yet. Overnight contact has only started a couple of months ago. There is 7 nights extra for holiday contact but that's it.

I dont think those bands are correct what you listed as we have just came out of less than 52 nights a year overnight contact and they dont reduce the maintenance at all for under 52 nights. Once it is at least 52 -103 then they reduce your maintenance by 1/7th which will be band A. But CMS have put us into Band B which is not right as that has to be 104 nights and over.

Just found this and I googled 2019 to hopefully get up to date details.

If a non-resident parent has care of a child for between 52 – 103 nights per year, maintenance payments will be reduced by 1/7. For 104 – 155 nights, this fraction increases to 2/7. For 156 -174 nights, there will be a reduction of 3/7 and if the child spends 175 nights or more with the non-resident parent, maintenance payments will be reduced by ½.

Can't find an explanation of the Bands though...

Bands....

Been on phone to CMS and I was indeed correct I should be in Band A. Anything below 52 nights isn't a Band it just isn't taken into consideration. Band A is 52-103 nights per year which is what I should be in. They are doing a mandatory reconsideration and the decision will be looked at again.