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 year | Reduction to child maintenance (for each child with shared care) |
---|---|
52 to 103 nights | 1/7th |
104 to 155 nights | 2/7ths |
156 to 174 nights | 3/7ths |
175 nights or more | ½ (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.