CSA3 and shared care

My honest understanding and practical experience is that notwithsatanding there been in place "a share residence order", the spouse that the children spends more of their time with would recieve or be paid child maintenance by the other spouse (i.e. the additional nights the children spendwith that spouse).
For example the shared residency can be in the form of the children spending most off their time with their mum but spents alternative weeks with their dad and any other holidays are shared equally(i.e. easter, christmas, summer & school term breaks are shared equally) In this scenario the mother would be paid child maintenance. Please do not reply on this but seek legal advice as each case is different.

Regulations allow the CSA to make an assumption about the amount of shared care in cases where there is no agreement between the parents, no court order that sets the amount of contact or where there is insufficient evidence of any established pattern of such care.

Where care is shared, the parent who provides less care is treated as the non-resident parent. There is a presumption in the first instance, that this is the parent who does not receive child benefit. That parent can reverse the presumption if they have evidence that the overall care arrangements gives a different picture.

In the new draft regulations it was proposed that where overall care is found to be shared exactly 50:50 there will be no statutory maintenance liability. This is to reflect the view that parents who have made an agreement about sharing care 50:50 will often be more able to make their own financial arrangements.

Thanks.
For new regulations, if i were having the kids, say, 3 days a week on average, then how does the mainenance get calculated? E.g do i pay 4/7 of the weekly liability?

Yes, that''s right. Only when care is shared exactly 50:50 is there to be no CM liability.

Having said that the CSA have been prepared to take split care into consideration. For example if 3 children spend a third of the time with the non-resident parent the CSA might treat it as though two children live with the PWC and one child lives with the NRP.

Thanks you very helpful people.

Can CMOPTIONs or anyone else tell me when the new rule on shared care (50:50 care - no payments to ex) comes in to effect?

"A new "gross income" scheme will be introduced from October 2012 to replace those currently operated by the Child Support Agency."

www.dwp.gov.uk/about-dwp/customer-delivery/child-maintenance/


However, initially it is planned that new cases only will be on the "gross income" scheme and existing cases will be transferred over during the next year or so.