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    • timw7
    • By timw7 23rd May 19, 1:38 PM
    • 4Posts
    • 0Thanks
    • #1
    • 23rd May 19, 1:38 PM
    Counterclaim 23rd May 19 at 1:38 PM

    I split up with my ex wife 3 years ago and since then (and currently) i have my boys 3.5 days per week so we have them 50/50, she has now raised a claim with the CSA for maintainence, firstly is this allowed as we have them equally and if so am I allowed to counter claim?
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    • HoneyNutLoop
    • By HoneyNutLoop 23rd May 19, 2:09 PM
    • 560 Posts
    • 426 Thanks
    • #2
    • 23rd May 19, 2:09 PM
    • #2
    • 23rd May 19, 2:09 PM
    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.
    I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.
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