Introduction to Shared Care Credits
When parents separate, both continue to have a financial responsibility to support their child. In some cases, the child spends time living with both parents. To ensure that child maintenance payments reflect this arrangement fairly, the Child Maintenance Service (CMS) uses a system called shared care credits.
What are Shared Care Credits?
Shared care credits are adjustments made to child maintenance payments when a child regularly stays overnight with both parents. The idea is to recognise the costs each parent incurs when the child is in their care. For example, if the paying parent has the child overnight for a certain number of nights each week, the amount they pay in child maintenance may be reduced to reflect their direct contribution to the child’s upbringing during those times. You can find a detailed explanation of shared care credits and how they work in practice.
Why are Shared Care Credits Important?
Shared care credits are crucial for ensuring fairness. Without them, a parent who regularly looks after their child overnight could end up paying the full child maintenance amount, even though they are already covering living costs – such as food, clothing, and utilities – during those stays. The shared care system helps balance financial support so that both parents’ contributions are taken into account.
How Does Time Spent with Each Parent Affect Payments?
The number of nights a child spends with the paying parent directly influences the maintenance calculation. The CMS reduces the payment based on how many nights the child stays with them each year. For instance, if the child stays at least one night a week (52 nights a year), the payment is reduced by a set percentage. The more nights spent, the greater the reduction. This ensures that child maintenance payments are tailored to each family’s unique situation.
To see exactly how child maintenance payments are calculated, including the impact of shared care credits, visit our dedicated page.
Legal Framework and Further Guidance
The rules around shared care credits are set out in UK law, particularly in the Child Maintenance and Other Payments Act 2008. This Act provides the legal basis for child maintenance arrangements, including how shared care is recognised.
For an overview of the CMS process and how different factors (including shared care) are considered, the official Child Maintenance Service (CMS) guidance is a helpful resource.
Understanding shared care credits can help both parents plan effectively and ensure that child maintenance arrangements are fair and in the best interests of their child.
How Shared Care is Measured
When the Child Maintenance Service (CMS) works out child maintenance payments, one of the key factors they consider is how much time a child spends with each parent. This is known as shared care. The way shared care is measured can have a direct impact on the amount of maintenance that needs to be paid.
Counting Overnight Stays
The CMS measures shared care by counting the number of nights a child stays overnight with the paying parent over the course of a year. Only overnight stays are taken into account – daytime visits, unless they include an overnight stay, do not count towards shared care for CMS purposes. It’s important to keep a record of these nights, as they form the basis for how maintenance payments are adjusted.
For example, if your child stays with you every other weekend from Friday to Sunday, this would typically count as two nights per week. Over a year, this would add up to around 104 nights.
Thresholds and Payment Reductions
The number of overnight stays is grouped into bands, and each band leads to a specific reduction in the amount of child maintenance the paying parent is required to pay. The more nights the child spends with the paying parent, the greater the reduction. The bands are as follows:
- 52 to 103 nights per year: 1/7 reduction in maintenance
- 104 to 155 nights per year: 2/7 reduction
- 156 to 174 nights per year: 3/7 reduction
- 175 or more nights per year: 50% reduction, plus an extra £7 per week reduction from the basic rate
These reductions are set out in the rules governed by the Child Support Act 1991, which provides the legal framework for child maintenance in the UK.
What Counts as Shared Care?
For the CMS, shared care is strictly defined by the number of overnight stays. It does not matter whether the arrangement is informal or set out in a legal agreement. However, in some cases, a Child Arrangements Order may specify the exact pattern of care, which can help clarify how many nights should be counted.
It’s important to note that shared care only affects maintenance payments when the paying parent has the child overnight for at least 52 nights a year (about once a week). If the number of overnight stays is less than this, no reduction is applied.
For further details on how shared care is defined and how it affects child maintenance calculations, you can read more about shared care.
Understanding how shared care is measured ensures that child maintenance payments are fair and reflect the actual care arrangements. If you have questions about how your specific circumstances might affect your payments, reviewing the Child Support Act 1991 or seeking advice based on your Child Arrangements Order can be helpful.
Calculating Maintenance Payments with Shared Care Credits
When parents share the care of their child, the Child Maintenance Service (CMS) takes this into account when calculating how much maintenance should be paid. Shared care credits recognise the time a child spends overnight with the paying parent and can reduce, or in some cases stop, the amount of child maintenance that needs to be paid.
Step-by-Step: How Shared Care Credits Affect Payments
- Establishing the Number of Shared Care Nights
The CMS first asks both parents how many nights the child spends with the paying parent over a typical year. This is usually based on overnight stays. If parents disagree, the CMS may use other evidence, such as court orders or written agreements. - Applying the Shared Care Reduction
Once the number of shared care nights is confirmed, the CMS applies a reduction to the maintenance payment. The more nights the child spends with the paying parent, the greater the reduction. The standard reductions are as follows: - 52 to 103 nights per year (1 to 2 nights per week): Maintenance is reduced by one-seventh.
- 104 to 155 nights per year (2 to 3 nights per week): Maintenance is reduced by two-sevenths.
- 156 to 174 nights per year (3 to 4 nights per week): Maintenance is reduced by three-sevenths.
- 175 nights or more per year (at least 4 nights per week): Maintenance is reduced by half, plus an extra £7 per child per week is taken off the payment.
If care is shared equally (the child spends the same number of nights with each parent), the maintenance payment may be reduced to zero.
For a detailed look at how the CMS works out these calculations, you can visit the Child Maintenance Service (CMS) official guidance.
Final Payment Calculation
The shared care reduction is applied after the initial maintenance amount is worked out based on the paying parent’s gross income and other relevant factors. For a broader overview of this process, see our guide to the child maintenance calculation process.
Examples of Shared Care Reductions
- Example 1:
If the paying parent has their child overnight every weekend (about 104 nights per year), the CMS will reduce their maintenance payment by two-sevenths. - Example 2:
If the paying parent has their child for 52 nights a year (one night a week), the payment is reduced by one-seventh. - Example 3:
If the child spends 175 or more nights a year with the paying parent, the payment is halved and an extra £7 per child per week is deducted.
For more real-life scenarios and further explanation, see shared care credits.
When Payments May Be Reduced or Stopped
If shared care reaches a level where the child spends equal time with both parents, the CMS may decide that no maintenance payment is due. However, this only applies if both parents are providing for the child equally and there are no other children included in the calculation.
Legal Framework
The rules for shared care credits are set out in UK law. For the full legal details, you can read the Child Support Act 1991, which outlines how maintenance payments are assessed and adjusted.
Understanding how shared care affects your maintenance payments can help you plan ahead and ensure fair support for your child. If you need more information on how your specific circumstances might affect your payments, explore our related guides or consult the official CMS resources linked above.
Special Expenses and Shared Care
When parents share the care of their child, the Child Maintenance Service (CMS) adjusts maintenance payments to reflect the time each parent spends with the child. However, it’s important to understand that special expenses can also play a significant role in these calculations, alongside shared care credits.
What Are Special Expenses?
Special expenses are additional costs that a paying parent may incur, which can be taken into account when working out child maintenance payments. These might include expenses such as the cost of travelling to see your child, expenses related to supporting other children, or costs arising from disabilities or long-term illness. For a full explanation of what qualifies, see our guide on special expenses for child maintenance.
How Special Expenses Affect Maintenance Payments
When you apply for a child maintenance calculation, you can ask the CMS to consider certain special expenses. If the CMS agrees that these costs are reasonable and meet their criteria, they may reduce the amount of child maintenance you are required to pay. This reduction is separate from, and in addition to, any adjustment made for shared care.
For example, if you regularly travel a long distance to see your child, the CMS may reduce your maintenance payments to reflect these travel costs. At the same time, if your child stays overnight with you for a certain number of nights per year, you’ll also receive shared care credits, which further reduce your payment amount.
To see how these adjustments are made in practice, and which expenses may be considered, you can refer to the official guidance on special expenses.
Shared Care and Special Expenses Together
Both shared care credits and special expenses are intended to ensure that child maintenance payments are fair and reflect each family’s circumstances. Shared care credits are applied based on the number of nights your child stays with you, while special expenses are considered on a case-by-case basis, depending on your individual situation.
If you believe you have special expenses, it’s important to raise them with the CMS during your application or review. You may need to provide evidence, such as receipts or travel logs, to support your claim.
Practical Advice for Parents
When negotiating or applying for maintenance, always consider whether special expenses may apply in your case. Being proactive about documenting and presenting these costs can help ensure your payments are calculated fairly. It’s also a good idea to stay informed about your legal rights and responsibilities under the Child Maintenance and Other Payments Act 2008, which sets out the framework for child maintenance arrangements in the UK.
For a step-by-step overview of how the CMS calculates maintenance, including the role of special expenses and shared care, visit How the Child Maintenance Service works out child maintenance.
By understanding both shared care credits and special expenses, you can make sure your child maintenance payments accurately reflect your family’s needs and circumstances.
Legal and Practical Considerations for Shared Care
When parents share the care of their child after separation, both legal and practical considerations play a key role in determining how child maintenance payments are calculated. Understanding these factors can help ensure fair arrangements that meet the needs of everyone involved.
The Role of Legal Orders in Shared Care
A clear legal framework is often essential for defining how shared care works in practice. One of the most important legal tools is a Child Arrangements Order, which sets out where a child will live and how much time they will spend with each parent. This order can be made by a court and is particularly useful when parents cannot reach an agreement on their own. For a deeper look at how these orders function, the article on Child Arrangements Orders explains how they regulate living arrangements and contact time, helping to clarify responsibilities and expectations.
The legal foundation for these arrangements is found in the Children Act 1989, which sets out the principles for putting a child’s welfare first. This Act guides courts and families in making decisions about care, contact, and financial support, ensuring that the child’s best interests are always the priority.
How Types of Separation Affect Shared Care and Maintenance
The way parents separate can have a significant impact on shared care arrangements and maintenance responsibilities. For example, an amicable separation may make it easier for parents to agree on how care is shared, while a more contentious split might require legal intervention. Different types of separation – such as divorce, dissolution of a civil partnership, or informal separation – can affect the rights and obligations of each parent, including how child maintenance is calculated.
If both parents agree to share care equally, the Child Maintenance Service will take this into account when calculating payments, potentially reducing the amount one parent pays. However, if the shared care arrangement is less formal or not clearly defined, disputes can arise over how much time each parent actually spends with the child, which can complicate maintenance calculations.
The Importance of Communication and Agreements
Successful shared care arrangements often rely on open communication and clear agreements between parents. Even when a court order is in place, discussing routines, expenses, and expectations can help avoid misunderstandings and ensure that both the child’s needs and parental responsibilities are met. Parents are encouraged to record their agreements in writing, as this can provide clarity and support if disagreements occur later on.
If parents struggle to reach an agreement, mediation services or legal advice may help. Ultimately, the goal is to create a stable and supportive environment for the child, with financial arrangements that reflect the real division of care.
For more information about your rights and responsibilities in shared care arrangements, and how legal orders can support fair outcomes, you may wish to review the Children Act 1989 and the overview of Child Arrangements Orders.
Understanding the legal and practical aspects of shared care can help parents navigate this process with confidence, ensuring that both financial support and parental involvement are balanced in the best interests of the child.
Managing Work and Childcare with Shared Care
Balancing work and childcare can be challenging for parents sharing care of their child. Fortunately, UK law supports parents in managing these responsibilities by allowing them to request changes to their working arrangements. Understanding your rights and how to approach your employer can help make shared care more manageable.
Requesting Flexible Working Arrangements
If you share care of your child, you may need to adjust your work schedule to accommodate school runs, appointments, or time at home. In the UK, all employees have the legal right to request flexible working arrangements, not just parents or carers. Flexible working can include changes such as working from home, job sharing, part-time hours, compressed hours, or staggered start and finish times.
The right to request flexible working is set out in the Employment Rights Act 1996. This law gives you the ability to make a formal request to your employer, who must consider it in a reasonable manner. While employers do not have to agree to every request, they must provide a valid business reason if they refuse.
Benefits of Flexible Arrangements for Shared Care
Flexible working can make it easier to coordinate with your co-parent, reduce stress, and ensure your child receives consistent care. It can also help you stay engaged at work while meeting your parental responsibilities. Many parents find that flexible arrangements improve their work-life balance, reduce commuting time, and allow for more quality time with their child.
Employers often recognise that supporting parents with flexible options leads to greater job satisfaction and productivity. Open communication with your employer about your needs can lead to solutions that benefit both you and your workplace.
How to Request Accommodations from Your Employer
To request a change to your working pattern, you should:
- Check your eligibility: Most employees can apply for flexible working after 26 weeks of continuous employment. For full details, see the Flexible Working Regulations 2014.
- Prepare your request: Think about the type of flexibility you need and how it will work in practice. Be ready to explain how your proposed arrangement will affect your role and how you plan to manage your responsibilities.
- Submit a formal request: Write to your employer, stating that you are making a statutory request for flexible working. Include the date, the change you are seeking, and when you would like it to start.
- Attend meetings if required: Your employer may invite you to discuss your request further. Be open and ready to negotiate if needed.
- Receive a decision: Your employer must respond within three months (unless you agree to a longer period).
For detailed guidance on the process and your legal rights, visit the official Flexible Working Regulations 2014 and review your rights to flexible working arrangements.
By understanding your rights and making use of the available legal protections, you can better manage work and childcare responsibilities when sharing care of your child.
Additional Support and Resources for Parents Sharing Care
When you share care of your child, it’s natural to have questions about what extra support is available and where to turn for reliable information. Beyond child maintenance payments, there are several forms of financial help and guidance that can make a real difference for parents navigating shared care arrangements.
Financial Support Beyond Maintenance
Parents who share care may be entitled to additional financial support, depending on their circumstances. This can include Child Benefit, Universal Credit, or tax credits. These benefits are designed to help with the costs of raising children, whether care is shared equally or not. For a broader look at the types of financial support for families, it’s important to explore all available options and understand how benefits might be affected by your shared care arrangement.
Understanding Your Rights and Responsibilities
Knowing your legal rights and responsibilities is crucial when sharing care. The Children Act 1989 sets out the legal framework for child welfare and arrangements in England and Wales. This Act outlines the duties of parents and the rights of children, ensuring that the child’s best interests are always the priority.
If you’re unsure about how shared care impacts your legal position, or if you want to know more about how courts and the Family Justice System approach shared care arrangements, these resources offer valuable guidance. They explain how decisions are made about where a child lives, how much time they spend with each parent, and what responsibilities each parent holds.
Where to Get Further Advice
It’s common to feel uncertain about how the Child Maintenance Service calculates payments in shared care situations. If you need more details about the calculation process or want to check how your arrangements might affect maintenance, visit the Child Maintenance Service for a clear explanation of how payments are worked out.
If you’re facing challenges or have questions about your shared care arrangement, don’t hesitate to seek advice. Speaking to a legal adviser or family support service can help you understand your options and make informed decisions for your child’s wellbeing.
Remember, every family’s situation is unique. By exploring these resources and seeking support when needed, you can ensure that your child receives the best possible care and support in a shared arrangement.
