Although it is often the case that child support cases refer to the parent 'with care', or the 'non-resident parent', there are in practical terms many other domestic arrangements that do not fall into these two definitions. One such situation is 'shared care', in which more than one person looks after a child or children, but those people live in separate homes.
Who Can Share Care?
For the purposes of child support laws, 'shared care' does not include people who live under the same roof and share the care of a child. However, the following people are classed as having shared care: a person with care who is treated as though they are a non-resident parent (child in his/her care for at least 104 nights a year) – this could be a grandparent; a non-resident parent who looks after the child for at least 52 nights each year; or a child who is sometimes in the care of the local authority.
Answer a few questions about your situation and get a clear summary of your child maintenance rights and options.
Try our Child Support Rights Checker free, here on this site →The CSA's/ CMS's Decision
The CMS will, in deciding cases in which there is an issue of shared care, consider all the circumstances of the arrangements. The evidence to support a shared care application should be provided in writing but may be given orally if both the parents consent.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Who Receives Maintenance Payments?
There may be a question in shared care circumstances as to who should receive maintenance payments. If two people share responsibility for a child on a day-to-day basis, either one of them may apply to the CMS, on the condition that either both of them has parental responsibility or neither of them have parental responsibility. If one person does and the other person does not, it will be the person with parental responsibility who is entitled to apply for child maintenance.
If parents share care, the one who has the majority of the care will be the one who is entitled to child maintenance. If the shared care is entirely equal, it is the person who is in receipt of child benefits who can apply to the Child Maintenance Service (CMS). If both parents make competing applications for child benefit, the person who applied first will take priority.
Calculating the Rate Reduction
As we have already seen, a non-resident parent who looks after a child for at least 52 nights per year qualifies to have 'shared care' of the child. Although there are a number of variations and some exceptions, the following information reflects the general effect of shared care on CMS maintenance calculations.
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.
The overnight care does not need to stretch to a 24 hour period, but must be overnight. If a child is in boarding school, with a babysitter, staying with a friend or is in hospital, the person who would otherwise have had care of the child during that period is considered to be the person with care.
I am fleeing dv and child benefit been in my name since 2009 which I am told is good because its a gateway benefit ?
Anyways ex claims carers allowance and dla for 1 of our children as they have a serious disability.
I have asked for half the monthly payments as its shared care , but I doubt this will happen and ill need to go back to court once again.
I tryed to.keep it simple and fair over money and 50/50 even knowing children wanted to live with me full time but I strongly believe my goodwill is getting me walked over.
2 years ago he met a new lady and since then he rarely picks his daughter up.
No Court order in place.
He rang Child Maintenance and claimed he had Shared Care... they gave him a reduction. I've appealed and it's been declined. I was set to go to tribunal then found out i had cancer... and things changed quickly.
In past 15 months my daughter has been to her dads 11 nights. He goes months without speaking or seeing her.
6 months ago... to add more insult to injury... he claimed he came every weekend and was awarded a Petrol allowance!! I told them he doesn't even come to pick her up... but it was granted anyway!
It's now 5 months since he has seen his child... yet gets shared care... and petrol allowance ... amounting to a £28 reduction each week!
I have had no help in past 5 months.... chemo and radio... weak and sick... Spleen removed. Yet Child maintenance won't and anything.
It's so so unfair.
Just applied again for a change and it's been rejected.
Not once had he provided a shred of evidence to support his claims.. yet he gets everything awarded and I struggle.
Thank you.
Myself and my child's mother have 50/50 care. We don't just have him over night we also carry out the day to day care. On my days we do the school drop off and pick ups.We also pay for my child's after school clubs, uniform hair cuts ect. I don't understand why she should be claiming foe my child from the government when she can easily work full time and yet I also have to pay her maintainace when my child is with me equal. Surely this isn't right?
Our Response:
The only recourse you have to resolve such issues is via mediation, as there is no cut-and-dry rules or laws. However, if one parent is working and the other not, then the parent who is not working is eligible to receive extra financial help from the parent who is.
ChildSupportLaws - 5-Jun-18 @ 3:26 PM
The law very clearly states that equal shared care should prevent a calculation being made, however, in practice if a mother asks for a case to be opened then no amount of protest or evidence from the father will prevent a case being opened, then the only option is a tribunal, my experience is that the tribunal will look for any way to side with the mother.
Sadly I am not aware of any cases of the law being upheld with regards to mothers providing misinformation to the CMS, if a father is prevented from seeing a child, gains a court order for 50/50 shared parenting, the mother still has access to the benefits available, he has no access to help financially whatever his circumstances are, it is wrong that a mother be rewarded for providing misinformation for financial gain with no consequence, whilst a dad struggling to make ends meet to provide a balanced parentage is penalised and given no option but to attend a tribunal where CMS representatives and a judge will look to uphold whatever ‘decision’ that has already been made,
it’s a very sad situation.
Our daughter is now severely confused, she classes her original home as her home, not where I live now. He is being very difficult, and believe it is all out of spite as I have decided to move on with my life.
Does this give him an advantage of child custody?
He wants to buy me out of the mortgage, but I want to sell?
He was always the breadwinner in the family, and I had to postpone my career for childcare. Would he have to pay family maintenance? As I can’t afford to live on my own now. Where as he has remained in the house, has the main family salary so he’s set. Just feel I’ve been abused in all of this.
My ex and i have 2 children. He does take them on holidays (max 10 days in summer) but during the year his work is more a priority than his children. He does take them 1 night/wk but not every weekend. If these days don't add up to 52 nights/yr is it still shared? He's only disputing it to get a 1/7th discount on his already arranged maintenance.
Me and my husband have recent separated, I have a 13yr old and a 5yr old. If they were to stay with me for 4 nights and with ex for 3 nights a week. I’m currently in a private rented property and receive benefits. He’s looking for a place but can’t afford anymore than a studio, which isn’t practical for the kids to stay. How would that work my universal credits payments? Also would my ex receive help as well? Thanks
Based on your article it seems like even if there is a court order in place which clearly shows equal shared care ‘lives’ (overnight & daytime) and both parents have been sharing this routine for 3 years that just because one of the parents is in receipt of child benefit that they then become default primary resident parent and will automatically be entitled to child maintenance?
Is that your advice?
Regards
Josh
The CMS say they have to take the mother’s word and not his? Can’t they ask the children.
She is trying to fleece him for everything and gets away with it. Free legal aid etc.
He’s paying half the mortgage as well and now they say he has arrears and due over 2k so his weekly payments will be £119 a week plus £60 mortgage as she refuses to sell the house and he can’t afford a court order to force the sale.
He earns just under £300 a week!
Any help would be appreciated
Ask Child Support Laws a question
Ask our editorial team a question and we will reply with our advice. Tell us as much about your situation as you can: the more detail you give, the more useful our answer can be.
You do not need to use your real name. Please do not include your full address, phone number, email address, or the names of other people. We may edit or remove identifying details for privacy and legal reasons.
Comments are moderated before publication.