Legal Advice on CMS Shared Care and CMS Day to Day Care
Arrears and day to day care
One of the biggest problems faced by a parent arguing that Regulation 50 should be allowed is that until the case is resolved, a liability remains in place and action will be taken to recover it. However, should a decision then be made to correct the case which results in an overpayment, that overpayment is unlikely to be recovered once it has gone to the other parent. This is because it is deemed in law to be a payment for the welfare of the child.
We don't have a magical answer - it is a genuine problem and how it is dealt with by the CMS is entirely dependant on the caseworker involved and how much contact the Receiving Parent is making to get their money especially if they know that in all likelihood what they are receiving is wrong and is probably going to be stopped. The best solution is to get your case through the process as quickly as possible with evidence to give anyone making a decision on the liability the opportunity to deal with it properly.
That's where we can help by using our experience and knowledge of the CMS and its administrative processes and ensuring everything is followed up and the proper notifications received.
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