Paying when having 50/50

benson2221

Hi all,

I’m looking for some advice regarding my current child maintenance situation.

I have a 5-year-old daughter who I care for roughly half the year. Due to my shift work, my time with her is spread out — I have her a lot when I’m on leave, as well as during my 5-day rest periods, which occur every three weeks. Additionally, my parents have her almost every Saturday night.

Despite this, I’m currently only receiving a reduction in my CMS payments based on around 2 nights per week. I believe the actual number of nights she spends with me is well over 150 per year, but I need to double-check the exact figure.

Beyond the regular CMS payments, I also contribute significantly in other areas:

* I provide clothing, including school uniform

* I pay for her swimming lessons

* I cover the cost of holiday camps

* I attend medical appointments, school visits, and participate in all key decisions

I’ve tried to arrange a private agreement with her mother, which I think would be more reasonable given the shared care, but she has refused, despite us generally getting along well.

My question is: based on these circumstances, what are the chances that the CMS would recognise the level of care I provide and either reduce or potentially eliminate the maintenance I’m required to pay?

Any insights or similar experiences would be appreciated. Thanks in advance!

dawnybabes

Have you kept a full diary for the last year ? You would need to evidence this and let them know. 

UltraUltras

It sounds like you’re already doing a lot, both financially and in terms of time and involvement. Unfortunately, from my experience, CMS doesn’t take additional contributions (clothing, activities, holiday camps, etc.) into account when calculating maintenance - their calculation is mainly based on the number of “overnight stays” per year and your income.

If you believe your daughter stays with you more than the nights CMS currently has on record, the best step is to keep a clear log or calendar for at least a few months (ideally a full year) showing every overnight she spends with you. If you can prove that the total is over 175 nights per year, the CMS would put you into the “shared care” bracket, which would reduce payments further. Between 156 and 174 nights is another reduction tier, though it won’t eliminate payments completely.

It’s also worth noting that time your parents have her (without you present) generally won’t count towards your CMS overnight total - it needs to be you personally providing the care.

If a private agreement isn’t possible with her mother, your best bet is to gather detailed evidence of actual overnights and submit that to CMS for reassessment.