Child Maintenance Service – variations for overnight care

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If you are a paying parent and the children stay with you overnight you are entitled to claim a discount on your maintenance calculation according to the following discount schedule

Number of nights Fraction to subtract
52 to 103 One-seventh
104 to 155 Two-sevenths
156 to 174 Three-sevenths
175 or more One-half

Note that there are 365 nights in a year, half of which is 182.5.

Even if the children stay overnight with the paying parent for: 175, 176, 177, 178, 179, 180, 181, or 182 nights a year the paying parent must still pay HALF of their calculation.

Further reading: a case involving the CMS refusing to accept a shared care situation where a father had his children in excess of 175 nights a year:

Successful appeal to the Upper-tier Tribunal in which the appellant father contended that since he shared care of his son equally he should not be treated as a non-resident parent and should not be liable for a CMS assessment.

 

The father (“F”) appealed to the First-tier Tribunal (“FTT”) against a decision of 27 March 2014 made by the CMS requiring him to pay £55.14 pw in respect of his son (“S”).

 

This was calculated on the basis that he cared for S on 175 nights or more. F contended that he shared care of S equally with M and should not therefore be treated as a non-resident parent (“NRP”). The consequence of such would be that F should not have been liable for a CMS assessment at all.

 

Having failed in appealing the decision to the FTT, F succeeded in the Upper-tier Tribunal (“UTT”).

 

JS v Secretary of State for Work and Pensions and another (CSM) (Child support – maintenance assessments – calculations) [2017] UKUT 296 (AAC):
LINK to Family Law Week case

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