If care for the children is shared equally, do I have to pay child maintenance?

This can seem like a very simple and straightforward question but on many occasions it is not. Many separated parents assume that:

1. The parent who earns more than the other will pay child maintenance. This is not correct as if both parents equally share care of any children, the child maintenance payable can be reduced.
2. That neither parent will pay child maintenance to the other if the children share their time equally between them. This is also not correct as this may depend on how the shared care is looked at.

What is equal shared care?

Equal shared care refers to a situation where both parents are equally responsible for the day-to-day care of their child. This arrangement is becoming increasingly common as more parents seek to remain actively involved in their children’s lives post-separation. In these cases, the child spends an equal amount of time with each parent.

Impact of child benefits

In some cases, the parent receiving child benefits might be presumed to provide more day-to-day care. This can affect the Child Maintenance Service’s assessment of who should pay maintenance. However, this presumption can be challenged if the actual care arrangement is equal.

Variations in shared care arrangements

It’s important to note that the specifics of shared care arrangements can vary. If the care is not exactly 50/50 but close, there might still be some adjustments in the maintenance calculations. For example, if one parent has the child for slightly more time than the other, the CMS may still consider some level of maintenance payment.

Assumed shared care

When parents agree in principle to share care but cannot agree on the exact number of nights, the CMS may assume a standard shared care arrangement, such as one night per week. This assumption can be adjusted if either parent provides evidence of a different arrangement.

Shared care with slightly unequal time

If the care arrangement is close to 50/50 but not exactly equal, the CMS may adjust the maintenance payments based on the number of nights the child spends with each parent. For instance, if one parent has the child for 55% of the time and the other for 45%, the CMS might still require a small maintenance payment from the parent with less time.

These examples illustrate some of various factors that can influence child maintenance decisions but there are other examples. However, it is important to note that the specifics can vary depending on the exact nature of the shared care arrangements and any existing legal arrangement. If you have a specific situation in mind, it might be helpful to consult with a legal expert to get advice tailored to your circumstances.