Thank you for visiting the CMSAS Limited website. Please note, we are NOT the gov.uk Child Maintenance Service (CMS). If you need to contact the CMS, the number for an existing case with the CMS is 0800 171 2345 and for a new case is 0800 988 0988 or you can go to their website here: https://www.gov.uk/child-maintenance-service. CMSAS Limited consultants are specialists in the Statutory Scheme of child support, as administered by the Child Maintenance Service. We would like to make you aware that we are not the gov.uk Child Maintenance Service (CMS). We are a private company that provide a chargeable service of support, guidance and advice to both Receiving and Paying Parents, with Child Maintenance issues, assessments, appeals, tribunals and all Child Maintenance matters pertaining to the CMS (Child Maintenance Service) and/or HMCTS (Her Majesty’s Courts and Tribunals Service), including where difficulties develop with the CMS and/or HMCTS.

Blog:
50/50 Equal Shared Care vs. Shared Care Band Equal

50/50 Equal Shared Care vs. Shared Care Band Equal
Learn how the CMS Equal Shared Care arrangement impacts child maintenance payments when both parents share care equally.

By law, all parents have a duty to support their children financially. When parents of a child/ren separate, the parent who doesn’t look after the child from day to day (non-resident parent) must support the other parent (resident parent) by paying child maintenance, whether they see the child/ren or not. Paying child maintenance is a legal responsibility.

However, when parents share the care of their children, there are specific provisions within the CMS framework that impact maintenance payments. One of the most important of these is the CMS Equal Shared Care arrangement, which allows for a more balanced approach when both parents are equally involved in the care of their child/ren. This article explores how CMS Equal Shared Care affects child maintenance and the conditions under which it can apply.

Typically, it is in the best interests of a child to spend time with both parents. When a child spends time with both parents, the CMS call this ‘shared care’. If shared care happens for an average of one night a week or more (at least 52 nights a year), this can affect child maintenance payments by providing a reduction.

The CMS will ask both parents for formal, informal or spoken evidence of any agreement they have reached about shared care. They will also accept a court order setting out shared care details.

Number of nights of shared care each yearReduction to child maintenance (for each child with shared care)
52 to 103 nights1/7th
104 to 155 nights2/7ths
156 to 174 nights3/7ths
175 nights or more½ (50%) plus an extra £7 a week reduction for each child in this band

If child maintenance is set at Basic, Basic Plus or Reduced rate, a paying parent will always pay at least £7 a week in child maintenance after shared care has been taken into account. Even allowing for shared care, the paying parent’s total weekly payment can’t fall below this amount.

If child maintenance is set at Flat rate (£7 a week) because the paying parent receives a prescribed benefit, allowance or entitlement, then shared care for 52 nights or more a year will reduce child maintenance to £0 for that child. The paying parent also does not have to pay child maintenance for any other qualifying children who live in the same household as that child with shared care.

If child maintenance is set at Flat rate because the paying parent’s income is £100 a week or less, the CMS don’t take shared care into account at all. This means the amount of child maintenance won’t change.

As you can see, even if you have 175 nights or more, you are still liable to pay child maintenance, albeit at a significantly reduced rate. 175 nights or more is referred to as ‘Shared Care Band Equal’ within the CMS. Band A is 52-103 nights, Band B is 104-155 nights, and Band C is 156-174 nights. Band 0 is 52 nights or less.

In 2012, legislation was introduced to recognise cases where parents have “50/50 Equal Shared Care”, of the child/ren. If you have true 50/50 Shared Care of your child/ren, i.e. 7 nights with you, 7 nights with the other parent, child maintenance can be deemed not to be liable, however, there are a number of other considerations the CMS will take into account, which a paying parent will need to evidence, for the CMS to consider 50/50 Equal Shared Care, as opposed to Shared Care Band Equal.

Our consultants, fully versed with Regulation 50 and the CMS’ jurisdictions, can help you with ensuring the CMS assess your case to be 50/50 Equal Shared Care (as opposed to Shared Care Band Equal), saving the paying parent significant costs otherwise payable through a CMS case, and having the case closed.

Initial Consultation

We charge £175 (£210 inc. VAT) for an initial consultation.

Additional Consulting Hours

We charge £150 (£180 inc. VAT) for additional hours.