We have seen an increasing number of clients engage with us during the Family Court proceedings to ensure their Child Arrangements Order is set out and structured in such a way that child maintenance is not liable by either parent.
Child Maintenance might not be payable where care of the child is shared equally between parents. However, there is a difference between the CMS Shared Care Band Equal (175 nights or more) and true 50/50 Equal Shared Care.
Where the number of overnight stays exceed 175 nights per year, child maintenance is calculated using Shared Care Band Equal. Child Maintenance is still liable to be paid, even though the parents may share care of the child/ren equally (7 nights alternating, for example). This highlights the importance of understanding the nuances in child arrangements orders with reference to equal shared care.
Child Arrangements Orders
We have partnered with a number of family law firms to support agreement of the order prior to the final hearing, to ensure the final order incorporates all the deciding factors to be able to negate child maintenance liability for either parent with the CMS. Regulation 50 (2) of the 2012 Child Support Maintenance Calculation Regulations sets out the framework.
Regulation 50 (2) of the 2012 Child Support Maintenance Calculation Regulations
(2) For the purposes of this special case, the person mentioned in paragraph (1)(b) is to be treated as the non-resident parent if, and only if, that person provides day to day care to a lesser extent than the applicant.
Amending existing orders
Whether you are about to agree a Child Arrangements Order or returning to Family Court to revise an existing order, we have specialists that can help you and your family lawyer ensure clauses are agreed which will negate child maintenance liability for either parent, provided both parents agree. Ensuring that child arrangements orders and equal shared care is accurately reflected in legal documents can prevent misunderstandings and unnecessary financial obligations.
Understanding the impact of child arrangements orders with equal shared care on maintenance liability is crucial for both parents. By working with experts, you can ensure that your Child Arrangements Order is structured to reflect true shared care, thereby potentially eliminating the need for child maintenance payments.