How can I prove equal care to the CMS?

If day-to-day care of children is shared equally between parents then neither parent is treated as “non-resident” and so there is no liability for child support to be paid.  The Child Maintenance Service (CMS) will accept a shared care court order or written agreement as proof of equal care.  If you don’t have either you can submit a summary of care arrangements over the past year.

For equal care the CMS has to consider overall care arrangements, not simply overnights,  This Upper Tribunal case decision has more detail on this.  See also our Notes from  CMS  training.