Lived with both Vs spends time with

[lightinthetunnel]

Hi all

Does a lives with both 3 nights per week increase my chances of obtaining child benefit or stopping CMS than spends time with order. Is it worth losing 1 night per week from 3 to 2 because I'm requesting a lives with both order? I understand that lives with gives me less stress travelling less than 28 days but also if I can't make arrangements (unlikely) I'd be breach with the lives with order but not spends with time order. Does CB depend on number of days, type of order or amount of child care during allocated time?

 

[abner_uk]

@lightinthetunnel I am in a similar position. I have a live with order and I have the kids 150 nights a year approx 3 nights per week. CMS ignored court order so now I am proceeding to appeal. Please wish me luck!

 

[lightinthetunnel]

If you can prove daily equal day to day care you'll be okay in tribunal.

 

[MagicJ]

@lightinthetunnel did you represent yourself at the tribunal?

what happens if you have equal but the way the days fall it's not quite within the range that CMS set as 0 CMS?

 

[Ash]

Hi all

Does a lives with both 3 nights per week increase my chances of obtaining child benefit or stopping CMS than spends time with order. Is it worth losing 1 night per week from 3 to 2 because I'm requesting a lives with both order? I understand that lives with gives me less stress travelling less than 28 days but also if I can't make arrangements (unlikely) I'd be breach with the lives with order but not spends with time order. Does CB depend on number of days, type of order or amount of child care during allocated time?

You won't get child benefit unless your ex agrees to it. If, say you have two children, it's possible to each receive child benefit for one child, but that would only be if the ex agrees to that. CM shouldn't need to be paid if you have half the time but CMS usually want to see a court order showing how much time the child is with each parent. 3 nights a week might not be classed as 50/50 tbh as there are 7 nights in a week, and while you can't really have half a night, it's why most schedules are worked out over a fortnight. So 3 nights a week would be 6 nights a fortnight (6/14) which wouldn't be 50/50. It would need to be 7 nights out of 14.

 

[Merlin836]

On another note regarding the 'lives with both , spends time ' differences what are the pros and cons (if that's the right term to use )
I've been told that spends time with can be 50/50 in all but name but I'm not so sure .
Say for instance would the spends time with parent be entitled to holidays /overnights etc even if there's a disagreement on that issue .
Also does the spends time with parent still have to pay full maintenance (part maintenance i.e days child is not with them I could understand in a way )

 

[Ash]

Don't confuse the "label" of the residency status, with the number of nights which ascertains Child Maintenance. Child Maintenance needs to be paid with both Lives with both parents, and spends time with IF it is less than 50/50 time.

I have never heard of an order for spends time with for 50/50 - it's more likely to be an informal arrangement. If such an order was made it would probably be through lack of knowledge because if it's 50/50 then the Mother isn't the sole parent with care so it can't be spends time with.

It needs to categorically state in an order, who the children live with. Because that is a legal residency status. So it should either say
Lives with Mother, Spends time with Father. Or "Lives with Both parents" (formerly known as shared residency or joint custody).

Lives with both parents means the child has two legal homes, not one legal home and visitation with the other parent. It means neither parent is "the parent with care" (who makes the day to day decisions and power that can be abused) but both parents are the parent with care - because it's shared care/lives with both parents. It means neither parent needs the consent of the other to go abroad on holiday.

It's nothing to do with Child Maintenance. Child Maintenance is based on the number of nights. So with a full 50/50 lives with both, there would be no child maintenance. If its 5 nights a fortnight with Dad and lives with both parents, then Child Maintenance is still due.

 

[Merlin836]

Don't confuse the "label" of the residency status, with the number of nights which ascertains Child Maintenance. Child Maintenance needs to be paid with both Lives with both parents, and spends time with IF it is less than 50/50 time.

I have never heard of an order for spends time with for 50/50 - it's more likely to be an informal arrangement. If such an order was made it would probably be through lack of knowledge because if it's 50/50 then the Mother isn't the sole parent with care so it can't be spends time with.

It needs to categorically state in an order, who the children live with. Because that is a legal residency status. So it should either say
Lives with Mother, Spends time with Father. Or "Lives with Both parents" (formerly known as shared residency or joint custody).

Lives with both parents means the child has two legal homes, not one legal home and visitation with the other parent. It means neither parent is "the parent with care" (who makes the day to day decisions and power that can be abused) but both parents are the parent with care - because it's shared care/lives with both parents. It means neither parent needs the consent of the other to go abroad on holiday.

It's nothing to do with Child Maintenance. Child Maintenance is based on the number of nights. So with a full 50/50 lives with both, there would be no child maintenance. If its 5 nights a fortnight with Dad and lives with both parents, then Child Maintenance is still due.

Even though still going for 50/50 I've been advised lives with mother , spends time with father is an option to take and it's pretty much done but I'm wary and it didn't feel right to me .
I could actually do 6 nights a fortnight at least .
I was just a bit hesitant to accept 'spends time with ' if it could potentially be problematic.

 

[Ash]

Who advised you that? I think the answer to that is - why not "lives with both". At 6 nights a fortnight it would indeed be shared care so "lives with both" would be correct.