Children: Maintenance
The question
To ask the Secretary of State for Work and Pensions, what factors may be considered when assessing child maintenance claims made in cases where parents have a court-sealed 50/50 custody arrangement.
Answered by Andrew Western
In the child maintenance system, shared care is reflected in the maintenance calculation. Where a child stays overnight with the paying parent for at least one night a week on average, the amount of maintenance due is reduced to reflect the care provided.
Where there is a dispute about the level of shared care, the Child Maintenance Service (CMS) will consider all available evidence to determine the actual pattern of care. This may include a current court order providing for contact, a formal written agreement between parents (for example one drawn up by a solicitor), or other official documentation such as reports from Social Services or the Children and Family Court Advisory and Support Service (CAFCASS).
If the Child Maintenance Service is satisfied that both parents exercise equal day-to-day care for the child, in addition to sharing overnight care, there is no requirement for either parent to pay child maintenance.
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