Confused. Have kids for 4 nights, each week

I''m confused. I typically read that the law requires a transfer of money from the NRP to the PWC, even if the care is totally shared? But, looking at CMS Rules from 2013, it states this:

"Under the child maintenance Services, the Governments Statutory service, if the paying parent can prove that they carry out an equal amount of day-to-day care as well as having equal shared care then the Child Maintenance Service regards neither parent to be the paying parent so their child maintenance would be set as nil even if one parent receives Child Benefit or tax credits as the child’s parent. Where there is equal day to day care, and there is no paying parent means that there cannot be a statutory case, and the Child maintenance Service would not be able to process the application as there is no identifiable paying parent."

Could someone please clarify this? Also, (clearly I''m a Dad), I have my two from Thursday night through to Monday morning,. some 4 nights and have done for the last 3 or so months. Where am I pitched? We have a court order that states I ought to pay £400 pm, but this was based on my having them just 3 nights. There''s no calculation for 4, it simply goes upto an average of 3 or more. But I have happened on 4 nights. I tried to get my ex to compromise and suggested that her 3 evenings a week do not merit £400. She agreed to lower it, (despite the court order) to £300. But even at that, given the amount of care I''m providing, surely, I needn''t pay her anything, should I. She also claims all the child benefit, tax credits etc... I couldn''t claim them because of what I earn, and would not want to anyhow. That''s a completely separate issue. Just writing this here for complete-ness

Hi,
My understanding is that if thee is shared care then under the new CMS rules there is no payment to be made.
It could be argued that since you have the children for 4 days a week you are the PWC and should be getting the child benefit etc.

If there is a court order that sets the amount of child maintenance how long ago was this agreed. If it was part of the Consent Order after year you can go via CMS to get this revised. If the order is less than a year old you need to wait.

A word of caution, it would be a mistake to go in to heavy handed. You would not be the first father to suddenly find contact refused when they attempted to make a change to the child maintenance arrangements.

LB

Hi LB. Thanks for your input. But your last comment in of itself says it all. I think my primary objective here should be to secure the time I have with them, now. Wait a good while. Allow consistency to kick in and then who knows? But I guess I''m struggling with the perception that my ex can do that, you know, turn access to my kids on and off? Why is that as their father, and who has cared for them more then her, 4 evenings and all weekends, each week, would it be so strange for me to turn access off for her? There''s something very, very wrong with parental law in this country.

Oh, and yes, it''s a consent order and it was agreed in September. So not long ago. She has however compromised on the £400 that''s wound into it for CM, and has instead, agreed on £300. I know that the order has effect for at least a year at the level of £400. But she agreed with the reduction now, surprisingly. But it wasn''t easy. I think she opened to the idea that I have them more. She''s seeing another chap and the kids prefer being with me for that and a few other reasons. So tricky one really. So to get this sorted properly, I need something concrete as regards arrangements for the kids. How do I do that?

CMS can not change a consent order unles its 1 year old.

So according to CMS rules, if its shared care and no one is paying anyone, there''s no claim, therefore the consent order can''t be altered. So only way to do it would be to go back to court in a year, demonstrate shared care, and end up paying nothing? But then there''s the view that if the court is used, a judge look at the finances of both parties, and even if I am having the kids more, I''d still have something to pay towards her for when she does have the kids. I''m still no wiser as to what the situation is if care is shared or skewed towards myself, which it is.

Good point really, your ex could possibly take you back to court within that year period to enforce the consent order if you fail to comply with it, but after one year there is nothing to prevent you from making an application to CMS.

Or you could both come up with whats termed a family agreement, whereby you agree who pays for what, school trips activities, clothes pocket money etc. You can register this with CMS, but its up to you both to be in agreement.