Shared Care - all CMS Schemes
How shared care affects an assessment for child support
Shared care is the term used to describe a situation where one or more people who live in different households look after a particular qualifying child. It is vital that a record is kept of all overnight contact to use as evidence if there is any dispute.
Old Rules cases between 1st April 1993 and 2nd March 2003
For there to be any allowance for shared care the qualifying child must stay overnight for 104 nights in the previous twelve months before the effective date. If the shared care is less than 104 nights then no shared care is allowed for. In some circumstances the CSA can consider another period.
The old rules cases are based upon a 5 step formula and the CSA work out how many nights the child stays with each parent and take this into consideration in the exempt income stage (if you have an old rules case, this will mean something to you) by allocating a share of the child’s personal allowance and of the family premium to reflect the nights the child stays with them.
For there to be any allowance for shared care the qualifying child must stay overnight for 104 nights in the previous twelve months before the effective date. If the shared care is less than 104 nights then no shared care is allowed for. In some circumstances the CSA can consider another period.
The old rules cases are based upon a 5 step formula and the CSA work out how many nights the child stays with each parent and take this into consideration in the exempt income stage (if you have an old rules case, this will mean something to you) by allocating a share of the child’s personal allowance and of the family premium to reflect the nights the child stays with them.
New Rules Cases between 3rd March 2003 and 25th November 2013
For there to be any allowance for shared care the qualifying child must stay overnight for 52 nights in the previous twelve months before the effective date. If the shared care is less than 52 nights then no shared care is allowed for. In some circumstances the CSA can consider another period.
For shared care rules to apply there must be either:
- A non resident parent who looks after the qualifying child for at least 52 nights a year on average or
- A parent with care (with day to day care for at least 104 nights a year on average) who is treated as a non resident parent or
- A qualifying child cared for by a local authority for some of the time
It is possible for one or more of these rules to apply to a particular case.
The CSA calculate the number of nights the child stays by gathering oral and written evidence. They then allow a reduction in the assessment they have made;
| Number of nights shared care | Reduction in the assessment |
|---|---|
| 0 - 51 | No reduction |
| 52 - 103 | One seventh reduction |
| 104 - 155 | Two sevenths reduction |
| 156 - 174 | Three sevenths reduction |
| 175 or more | Half reduction plus £7 for each child who stays 175 + nights |
In the 2003 Scheme, the csa will work out who has the majority care and in 50:50 shared care cases the person who is receiving child benefit will be considered to be the primary carer.
Further benefits advice is available from the Citizens Advice Bureau.
2012 Child Maintenance Service (CMS) Scheme from 25th November 2013
For there to be any allowance for shared care the qualifying child must have stayed overnight for 52 nights in the previous twelve months before the effective date.
If the shared care is less than 52 nights then no shared care is allowed for. In some circumstances the CSA can consider another period.
For shared care rules to apply there must be either:
- A non resident parent who looks after the qualifying child for at least 52 nights a year on average or
- A parent with care (with day to day care for at least 104 nights a year on average) who is treated as a non resident parent or
- A qualifying child cared for by a local authority for some of the time
It is possible for one or more of these rules to apply to a particular case.
The CMS calculates the number of nights the child stays by gathering oral and written evidence. They then allow a reduction in the assessment they have made;
| Number of nights shared care | Reduction in the assessment |
|---|---|
| 0 - 51 | No reduction |
| 52 - 103 | One seventh reduction |
| 104 - 155 | Two sevenths reduction |
| 156 - 174 | Three sevenths reduction |
| 175 or more | Half reduction plus £7 for each child who stays 175 - 182 nights |
| 183 | No child support liability |
The scheme differs because it allows for the CMS to assume an amount of shared care equivalent to one night a week (and to reduce the amount by one seventh) if there is:
- No agreement between the person with care and the non resident parent; or
- Insufficient evidence of any established pattern of shared care; or
- No court order that sets the amount of contact
In a split care situation (i.e. if the couple have more than one child together and at least one child lives with each parent) child support liability will be calculate for both but the amounts will be offset against each other so that only the parent with the higher liability makes a balancing payment.