Counterclaim

You can only claim maintenance for children of whom you are the primary carer.

Child maintenance now recognises that some couple may have equal day to day care, which is different to equal shared care. In cases where CMS accept there is equal day to day care, they will decide there is no non-resident parent and close the application/case.

If your financial and caring responsibilities are equal in addition to the number of overnights you have the children, you need to contact CMS to tell them that you dispute you are a non-resident parent on the basis that you have equal day to day care. If they proceed to make a maintenance calculation, ensure you use your mandatory reconsideration and appeal rights, if necessary.

You will need to provide evidence that you have equal day to day care, in addition to equal shared care, to support your dispute.