2024/05/27

Shared Care Simplified: How Nights Spent Impact Child Maintenance!


OUTLINE OF THE ABOVE VIDEO:

Understanding Shared Care

Shared Care and Child Maintenance Payments

Percentage Reductions Based on Overnight Stays

The 175-Night Threshold and Its Implications

The Primary Caregiver Rule and Continued Payments

Navigating Changes in Shared Care Arrangements


Understanding Shared Care for Child Maintenance Payments: A Comprehensive Guide

Welcome, today we dive deep into important topics affecting families, such as child maintenance. In today's video, we will be discussing shared care arrangements and how they influence child maintenance payments, specifically through the Child Maintenance Service (CMS) and the role of HMRC. If you're navigating the complexities of shared care and child maintenance, this video is for you.

Shared Care and Child Maintenance

Shared care is a crucial factor in assessing child maintenance payments when the non-resident parent (NRP) has overnight care of the child. For CMS purposes, shared care is defined by where the child sleeps at 1 minute to midnight. The CMS categorizes shared care into various bands:

  • Band 0: 0 to 51 nights per year
  • Band A: 52 to 103 nights per year
  • Band B: 104 to 155 nights per year
  • Band C: 156 to 175 nights per year
  • Shared Care Equal: Over 175 nights per year

It's important to note that these bands are based solely on the number of nights, not the daytime activities or care provided by the NRP.

Differences Between CMS and HMRC

While the CMS assesses shared care based on the number of overnight stays, HMRC determines child benefit eligibility based on day-to-day care. This includes factors such as medical appointments, school involvement, and daily routines. Understanding this distinction is crucial for NRPs seeking to adjust child maintenance payments based on their level of care.

Impact on Child Maintenance Payments

Regular shared care, defined as up to three nights per week or seven nights in 14 days, can significantly reduce the amount of child maintenance an NRP must pay:

  • Band A: Approximately 14% reduction
  • Band B: Approximately 28% reduction
  • Band C: Approximately 42% reduction
  • Shared Care Equal: 50% reduction plus a further reduction of £7 per child

However, the reality often deviates from this theory, as the system's reliance on overnight stays can lead to discrepancies. For instance, an NRP providing extensive daytime care but not overnight care may not receive a shared care discount.

Challenges and Realities of Shared Care

The CMS system's reliance on the "1 minute to midnight" rule can result in unfair situations where NRPs who provide substantial care but do not have the child overnight do not receive the appropriate reductions. This can lead to disputes over just one night, which can significantly impact the maintenance band and payments.

A significant threshold exists at 175 nights per year. If the child spends this many nights with the NRP, the maintenance payments are reduced by 50%, plus an additional £7 per child. Achieving this can be challenging and often requires meticulous documentation and sometimes legal intervention.

Navigating the CMS System

To ensure fair child maintenance payments, it’s essential to provide evidence of shared care:

  • Document Overnight Stays: Keep detailed records of overnight stays, including dates and any agreements.
  • Court Orders: A court order can formalize care arrangements and prevent disputes.
  • Regular Updates: Inform the CMS of any changes in shared care arrangements promptly, and provide necessary documentation to support these changes.

The CMS uses a 12-week period as a measure to determine if a change is permanent. If shared care arrangements change, it’s crucial to maintain this new routine for at least 12 weeks to potentially influence your CMS assessment. Its also useful to bear in mind that CMS staff have discretion to apply one nights shared care, if the matter is disputed. This potentially means that one night can be granted on the basis that shared care of one night per week, and is expected to continue for at least 12 weeks.

Using a Claims Management Company

While you can handle CMS disputes on your own, some opt to use claims management companies. These firms charge a fee but can assist in navigating the complexities of CMS. Ensure any company you consider is authorized by the Financial Conduct Authority (FCA).

Final Thoughts

Understanding and navigating shared care arrangements with the CMS and HMRC can be challenging. This video aimed to provide clarity on the definitions, impacts, and practical steps to manage child maintenance payments effectively. If you found this information helpful, please like, subscribe, and share this video with others who may benefit.

For more detailed guidance, including tips on documenting care and negotiating with the CMS, visit the Financial Ombudsman Service or the Money Advice Service websites. Thank you for watching, and we'll see you in the next video!

2024/05/26

How to get travel expenses for child contact through the Child Maintenance Service



Understanding How Mileage Affects Your Child Maintenance Service (CMS) Payments

Today, we’re diving into the topic of mileage and how it impacts Child Maintenance Service (CMS) payments. If you’re a paying parent who frequently collects your child from the resident parent's address, you might be eligible to claim mileage. However, be aware that the compensation isn't substantial.

How Mileage Works with CMS Payments

The CMS uses HMRC advisory rates, which differ from the standard 45p per mile business mileage rate. These advisory rates change quarterly on the 1st of March, June, September, and December. They reflect the average fuel prices across the UK, so they can fluctuate. Currently, rates range from 7p to 24.1p per mile, depending on the vehicle type. The rates are listed below.

Key Points:

  1. Rates and Thresholdsas at Sep 2024

    • Lowest Rate: 7p per mile for electric cars.
    • Highest Rate: 24.1p per mile for larger vehicles.
    • To claim mileage, your weekly expense must be at least £10. For example, at the 24p per mile rate, you need to travel a minimum of 42 miles weekly.
  2. Regular Travel:

    • CMS expects you to incur this mileage expense consistently over at least 12 weeks. Sporadic or one-off journeys don’t qualify.

Claiming Mileage

If you meet the minimum travel requirements, you can apply for a mileage deduction. However, the reimbursement process is indirect. CMS doesn’t provide cash; instead, they reduce your CMS liability by a calculated amount based on your mileage expenses.

Example Calculation:

  • Electric Car: At 7p per mile, 100 miles equate to £7.
  • CMS Reduction: This £7 doesn’t translate directly to a £7 reduction. It’s prorata based on the number of children:
    • One Child: 12% of £7 = £0.84
    • Two Children: 16% of £7 = £1.12.
    • Three Children: 19% of £7 = £1.33.

But in this case no reduction applied as the threshold is £10 per week.

Practical Considerations

  1. Documentation: Keep detailed records of your travel. Fuel up near the resident parent’s address and save receipts. Use mileage logs or tracking apps for accuracy.
  2. Special Expense Variation: Submit a special expense variation request to CMS. Note that processing can take several months, so gather evidence over time.

Tips for Successful Claims

  • Ensure your travel is from your home to the resident parent's home. Travel from your workplace might not qualify.
  • Consistency is key. Regular weekly travel is necessary to meet CMS requirements.
  • If denied, appeal and request a mandatory reconsideration. RATES AS PER SEP 2024
  • Petrol

    Engine size (cc)Mean MPGFuel price (per litre)Fuel price (per gallon)Rate per mileAdvisory fuel rate
    Up to 140051.0143.4 pence652.0 pence12.8 pence13 pence
    1401 to 200042.3143.4 pence652.0 pence15.4 pence15 pence
    Over 200027.1143.4 pence652.0 pence24.1 pence24 pence

    Diesel

    Engine size (cc)Mean MPGFuel price (per litre)Fuel price (per gallon)Rate per mileAdvisory fuel rate
    Up to 160056.9149.1 pence677.8 pence11.9 pence12 pence
    1601 to 200049.3149.1 pence677.8 pence13.8 pence14 pence
    Over 200038.0149.1 pence677.8 pence17.8 pence18 pence

    LPG

    Engine size (cc)Mean MPGFuel price (per litre)Fuel price (per gallon)Rate per mileAdvisory fuel rate
    Up to 140040.898.3 pence446.9 pence10.9 pence11 pence
    1401 to 200033.898.3 pence446.9 pence13.2 pence13 pence
    Over 200021.798.3 pence446.9 pence20.6 pence21 pence

    Electric

    From 1 September 2024, the advisory electric rate for fully electric cars will be 7 pence per mile.

    Electrical efficiency — miles per kilowatt-hourDomestic electricity cost (per kilowatt-hour)Rate per mileAdvisory electric rate
    3.5926.42 pence7.36 pence7 pence

    The ‘Domestic electricity cost per kilowatt-hour’ is the Department for Energy Security and Net Zero annually published figure, uprated with the latest estimate of electricity prices from the Office for National Statistics.

    Hybrid cars are treated as either petrol or diesel cars for advisory fuel rates.

    The advisory fuel rates for petrol, LPG and diesel cars are shown in the following tables.

    You can use the previous rates for up to 1 month from the date any new rates apply.

    From 1 September 2024

Final Thoughts

Claiming mileage through CMS is complex and the compensation is minimal. However, it’s worth pursuing if it helps reduce your CMS liability. For ongoing updates on rates and more tips, visit the blog linked below. Share your experiences and get advice from our Facebook community if you face any issues.

Stay Connected

  • Facebook Group: #ChildMaintenance #CMSPayments #MileageClaims #FamilyLaw #ChildSupport #HMRC #ParentalSupport #MileageDeduction #ParentingAdvice #CMSLiability #ChildMaintenanceService #SpecialExpenseVariation #UKParents #CMSHelp








2024/03/07

DNA Testing and Child Child Support.

A Loophole?: DNA Testing




Understanding the UK Child Maintenance Service and DNA Testing

Hello everyone, today I want to dive into a crucial topic regarding the UK Child Maintenance Service (CMS) and its DNA testing process. While the subject of DNA tests may not seem thrilling at first glance, it can significantly impact the lives of parents and children involved in child maintenance cases.

The Importance of DNA Testing in Child Maintenance Cases

The CMS handles child maintenance arrangements for non-resident parents who are required to support their children financially. However, disputes about paternity can complicate these arrangements. A notable instance involves a case where repeated refusals to conduct a DNA test led to the closure of the maintenance case, ultimately resulting in no child maintenance payments.  

If there is any doubt about who the parents are, it may be a good idea to seek a DNA test from the Child Maintenance Service (If you have an ongoing CMS case).   A Common fraud commited by a receiving parent is Fraud by False Representation, and claiming a child was conceived together with some one, when it was not, is serious.  

How the DNA Testing Process Works

If a non-resident parent suspects they are not the biological parent, they can request a DNA test through the CMS. Here are the key steps in the process:

  1. Requesting the Test: The non-resident parent must request the DNA test directly through the CMS.
  2. Timeframe: The CMS will coordinate the test, which must be completed within 40 days. If the resident parent refuses to take the test, the case can be closed.
  3. Approved Providers: It’s recommended to use CMS-approved DNA testing providers to ensure the results are recognized by the CMS.

If the test is arranged independently, the parent may have to pay up to £300 and will not receive a refund if the test turns out negative. Moreover, if the resident parent declines the test, there are no penalties for them, making it essential to go through the CMS to close the case if necessary.

Special Considerations

There are a few exceptions to consider:

  • Adoption: If a child has been adopted, the adoptive parent is considered the legal parent, and a DNA test may not apply.
  • Fertility Issues: In cases where assisted reproductive technology was used, consent plays a vital role. If the father didn’t provide sperm but consented to the procedure, they may still be liable for child maintenance.

Additionally, if the child is over 16 and refuses to take the test, that refusal can also lead to the closure of the CMS case.

Fees for child maintenance cases

DNA tests are not free through the Child Maintenance Service.  In November 2024, the fee was £307.00 for the first tested child and both parents.  Although it now may have been raised.  The fee will be refunded if the test shows that the paying parent is not the parent.

The fee will be higher if more than one child is tested.  If you cant afford the fee, the Child Maintenance Service may pay the test fee if you cannot afford to pay it. You’ll have to pay it back if you’re proved to be the parent.

Redress

If it turns out that the DNA proves non parentage, the paying parent has several options. 

  1. Move On
  2. Claim back the money via the Child Maintenance Service
  3. Claim back the money via the Money Claim Online
  4. Pursue criminal action


It it can be evidenced that the receiving parent knew, and they continued to claim CMS, then possibly the matter may be considered to be fraud, however in most cases it wont be.

This offence takes place, because the receiving parent has applied to the CMS in order for a financial gain, but this would only be an issue if they knew at the time of application the child wasnt that of the paying parent.   

The specific offence:

Fraud act 2006, section 2, Fraud by false representation

(1) A person is in breach of this section if he;
(a) dishonestly makes a false representation, and
(b) intends, by making the representation;
(i) to make a gain for himself or another, or
to cause loss to another or expose another to a risk of loss.


According to CPS guidelines the offence is entirely focussed on the conduct of the defendent, and the maximum sentence is 10 years imprisonment.

Even if no actual gains or losses took place, they can still be charged.  This means that simply making an application, that is refused, could be an offence, even though  financial loss occured, the person making the false representation can still be charged as the action was dishonest and with intent.

Key Takeaways

  1. Non-resident parents should actively pursue DNA tests through the CMS to establish paternity and resolve disputes.
  2. Refusals by the resident parent or the child can close the case, releasing the non-resident parent from child maintenance obligations.
  3. Always use CMS-approved providers to ensure tests are recognized and refunds are available if needed.

Conclusion

If you find yourself in a situation where a DNA test is necessary, don’t hesitate to contact the CMS for guidance. If you’ve requested a test in the past and it hasn’t been executed, follow up and insist on closing the case if the other party is uncooperative.

Keywords and Hashtags

  • Keywords: UK Child Maintenance Service, DNA testing, paternity disputes, child maintenance obligations, approved DNA providers.

  • Hashtags: #ChildMaintenance #DNATesting #PaternityDisputes #UKLaw #CMS #cmsdna #childsupport

Suggested Google Search Phrases

  • "How to request a DNA test through CMS"
  • "Child maintenance DNA testing process UK"
  • "Refusal to take DNA test implications"
  • "Paternity disputes and child maintenance"
  • "CMS approved DNA testing providers"

Thank you for reading! If you found this information helpful, please like and subscribe for more updates on family law and related topics.