CMS - WHAT IS THE DEAL? 50/50 SHARED CARE

[BlackSheep09]

OK. What is the deal with Child Maintenance?? I have read so many conflicting bits of information online. I have two small children, and my XP will be sharing care with me when we physically live separately. We are still sharing our house which is being sold. In the immediate aftermath of the house completing, we will move into two new homes. Our child arrangements schedule will be something like this:

Immediate aftermath: Youngest DC 70% me /30% with XP, eldest 50/50 between us

Following period 2025 onwards: 50/50 both children

My XP is a 6 figure/high earner, I earn maybe 40% of his salary. According to him, when we start the 50/50 shared 'equal' care he won't be liable for CMS. This I'm told is according to everything his friends have told him, he's read online - DAD.info! and solicitors. He's also quoted me a line from the GOV.UK website on 'how we calculate payments... is CMS required in cases of 50/50 shared care?'.

BUT, the same GOV.UK website, and THE CMS CALCULATOR on this website, when input with our agreed immediate aftermath schedule, and later 50/50 shared care schedule says that the minimum payment due for 50/50 is circa £600. I've tried all sorts of fictional scenarios, every single calculation comes back that there is CMS due, even with 50/50.

I find it difficult to believe that a government online calculator is spitting out incorrect information. A google search doesn't give any clear answers either, and a lot of sites say with 50/50 back up his stance that it isn't payable.

I am NOT asking for opinions on the moral argument of CMS being paid in shared care/don't you won't to be financially independent/why should he pay you anything if you're sharing care... etc.. I want to know, legally, who is right?

If the high earner earns over a certain amount (it used to be £156k) then the court has jurisdiction and you can apply for a financial order that includes maintenance payments. This agreement would fall outside of CMS and payments would be made directly to you. Payments can be made even if custody is 50:50 particularly so if there is a big disparity with your income. The goal is to allow the children to have access to similar lifestyle (clothes, birthday presents etc) at both home so they feel equally comfortable in both places and not disadvantaged in anyway. This was the case 5 years ago but I can’t imagine the law has changed. I’m not a lawyer, but was in this situation with my ex earning >10x my salary and I got maintenance payments as part of our financial agreement.

You can claim it, my husbands ex does.

She earns more than him, but because she gets child benefit she can claim she is the main parent and therefor we give her money.

In my opinion it is ridiculous in our situation, she still refuses to send certain things or pay for school trips and doesn't buy him uniform when he needs it etc but CMS said she gets the child maintenance and he's registered with her GP so they can't do anything, we have to pay or we'll get taken to court.

But as other people have said the person paying then does not have to buy anything for the kids for school, clubs, medical expenses, hair cuts etc.

CMS are rubbish and don't know the law half of the time. If you are having the child 50% of the time and contributing 50% of the care and costs then you do not need to pay maintenance. Challenge it again and if they don't resolve it, write to your MP.

Agreed. We've challenged it multiple times and my MP was polite but unhelpful.

CMS seem useless for a lot of people, those that need support getting the CMS they're owed and people that are essentially be borderline extorted.

Sorry this is so long after your initial comment but I can't find where it says this on the government website, are you able to remember?

OP did you get any closer to clarification on this?

@Pleasegotobed how old are your children?. My DC is in primary school currently, we recently tried to change the arrangement between myself and ex. To 2 nights per week however he refused to order school uniform etc. I stopped that arrangement and we have gone back to EOW.

If he earns above £157k you take him to court not child maintenance. My friend did this recently and he was ordered to pay child maintenance plus nursery and other lessons

I’m sure you’ve found out by now but when you have exactly 50/50 shared care neither parent has to pay child maintenance

As for disparity on 50/50... ex-husband in million pound property with swimming pool and hot tub whilst we remain in a privately rented a decade on. No CMS due. So vastly different lifestyles but courts didn't care.