How does shared care affect a child maintenance calculation?

What is child maintenance?

Child maintenance covers how a child’s living costs will be paid when one of the parents does not live with the child. A parent is legally required to maintain their child, even if they have no contact with them. It is not compulsory to have a formal child maintenance arrangement, but where parents cannot agree, maintenance can be arranged through the Child Maintenance Service.

The Child Maintenance Service uses gross weekly income to calculate which of the five rates of child maintenance should be paid. It is paid by the paying parent (a parent who does not live with the child in question) to the person with care (the person with whom the child has their home and who usually provides day-to-day care of the child).

Once a child maintenance rate has been applied, the calculation may also be impacted by (if applicable) the number of children the paying parent must pay child maintenance for, and the number of nights of shared care of the child and other children who the paying parent supports.

The information below applies to child maintenance arranged by the Child Maintenance Service.

How does shared care affect a maintenance calculation?

Shared care is when the child stays overnight with the paying parent. The Department for Work and Pensions (DWP) say “it’s usually in the best interests of a child that gets child maintenance to spend time with both parents”.

Where the child for whom the paying parent is paying child maintenance stays with them for at least 52 nights a year (an average of one night a week), the amount of child maintenance payable can be reduced, depending on which rate they pay.

Basic, Basic Plus or Reduced rate child maintenance

If child maintenance is set at the Basic, Basic Plus or Reduced rate, the calculation will be reduced depending on the number of nights of shared care per year. The number of nights are divided into shared care bands:

• For 52 to 103 nights of shared care per year, child maintenance is reduced by 1/7 for each child with shared care.
• For 104 to 155 nights per year, it is reduced by 2/7 for each child with shared care.
• For 156 to 174 nights per year, it is reduced by 3/7 for each child with shared care.
• For 175 or more nights per year, it is reduced by 1/2, plus an extra £7 per week for each child in this shared care band.

The shared care bands are set out in Schedule 1 (7(4)) of the Child Support Act 1991.

A paying parent will always pay at least £7 a week in child maintenance after shared care has been taken into account. Even after allowing for shared care, the paying parent’s total weekly payment can’t fall below this amount.

Flat rate

If the paying parent is paying the flat rate because their gross weekly income is between £7 and £100, the weekly rate will be £7, irrespective of the degree to which overnight care is provided.

If a paying parent is paying the flat rate of child maintenance because they (or their partner, where applicable) are in receipt of prescribed benefits, any level of overnight care will reduce the maintenance calculation to nil.

For more detail on how each of the rates are impacted by a shared care arrangement, as well as the prescribed benefits mentioned above, see Annex 1 of the Library briefing on how child maintenance is calculated.

What evidence is needed for shared care?

The Child Maintenance Service says it will accept formal, informal or spoken evidence of the agreement, as well as a court order which sets out the shared care.

If there is a disagreement about shared care arrangements, the Child Maintenance Service can require additional evidence. Chapter 11 (volume 1) of the DWP guidance for child maintenance decision makers explains where both parties specify different shared care arrangements which fall into different shared care bands “both parties must be asked to provide evidence to support their claims”. The guidance sets out the evidence that can be used in these circumstances (paragraph 11010):

1. a current court order providing for contact between the NRP [paying parent] and the QC [qualifying child]

2. a formal written agreement, for example drawn up by a solicitor, or

3. another official document for example, Social Services or Children and Family Court Advisory and Support Service (CAFCASS) reports.

Note: where a court order is provided as evidence, DMs [decision makers] should use it as the basis for the level of shared care.

If the parties disagree but the number of nights stated are both within the same band, the Service will not need any further evidence.

What if the shared care arrangement changes?

If the number of nights of shared care changes from one shared care band to another, either parent would need to report this change to the Child Maintenance Service. For example, if the number of nights of shared care increased from 100 to 120, the Service would need to be informed. However, if they increased from 110 to 150, the Service would not need to know.

What if care is shared equally by both parents?

Chapter 11 of the DWP guidance for child maintenance decision makers notes that equal shared care differs to equal day-to-day care. If the paying parent can satisfy the Child Maintenance Service that both parents, in addition to sharing overnight care of their child almost equally, also have equal day-to-day care of the child, then there will be no requirement for either parent to pay maintenance. If the parties have equal overnight care, but one provides more day-to-day care, then child maintenance will still be due.

The Child Maintenance Service’s decision lasts until the date of the annual review, though parents must inform the Service of any relevant changes.

What is day-to-day care?

There is no statutory definition of day-to-day care, although as set out in a 2023 Upper Tribunal judgment, day-to-day care involves “more than the mere counting of days and nights; it involves the exercise of judgment in respect of parenting tasks and responsibilities”.

The case set out that day-to-day care is the practical and personal care that is provided by each parent. In this case it was determined that while the parents had equal overnight care of their child, the mother provided the child with more day-to-day care and therefore an assessment was made against the father, who was considered to be the paying parent.

Paragraph 05048 (volume 1) of the DWP’s decision makers guidance provides a list of what decision makers will consider when deciding whether a person provides day-to-day care. This includes things such as who arranges and pays for childcare costs or whose GP and dentist the child is registered with.

Further reading

More information can be found from

• the Commons Library briefing on how child maintenance is calculated
• the DWP guidance on how a child’s living arrangements affect child maintenance

There is also a ‘calculate your child maintenance’ tool on gov.uk, which can estimate the amount of child maintenance an individual should pay/ receive.

About the author: Niamh Foley is a researcher at the House of Commons Library, specialising in child maintenance.

Disclaimer

The Commons Library does not intend the information in this article to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing for information about sources of legal advice and help.