I have 50% shared care, but the CSA won’t listen

September 25, 2019

I have been sperated from my children’s mother for 5 years. It was for the best part amicable but recently the relationship completely broke down and she stop contact with the children. Solicitors were involved and we are now back to a 50% shared care arrangement. 5 days on 5 off arranged around the children’s mother’s shift pattern. She involved the CSA when access was denied but we are back to a 50% shared care arrangement.

 

The CSA will not listen to me and I have to appeal their decision that I am still required to pay even though I still have a 50% responsibility on all the financials surrounding the children. I have just started to compile evidence but they have said that because I do not receive the child benifit payments I won’t win any appeal. I have also applied for the child benifit to be split 50% but that could take several months and I do not know if I will be successful. If anyone has any advice on this kind of situation I would be extremely grateful. Unbelievable stressful dealing with the agency.

Comments

2 Responses to “I have 50% shared care, but the CSA won’t listen”

  1. Peter Anderson on September 25th, 2019 5:03 pm

    You say you have appealed. To who? Tribunal? You already have a Court Order detailing the 50/50, 5 nights each. Have you also a diary ging back to when it started? Type the dates into a spreadsheet totalled by month/year. What is the totoal for the year? There is an Upper Level Tribunal Ruling which you can quote that confirms that where you have your children for more than 175 nights per year and are involved in day to day activities such as collecting/taking from/to school, doctors appointments etc then NO maintenance is payable. CMS and the Lower Level Tribunal must comply with with the Upper Level Tribunal Ruling. It also helps if you claim one of the child benefits, usually the youngest, and when you apply request that it be back dated to the date of the Order

  2. David on September 26th, 2019 3:57 pm

    Hi

    I specialise in CSA/CMS law and have been for 14 years.

    You do have a legal right to be heard. If one party gets the Child Benefit, there is a presumption that they are the primary carer and therefore the parent with care. However, the law states that that presumption could be negated with evidence to the contrary as in your case.

    If you need professional help with this, let me know: [email protected]

    Regards
    David

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