Child Maintenance and Shared Care
How overnight stays reduce child maintenance payments - including 50/50 custody arrangements.
Quick Answer
If your child stays with you at least 52 nights per year (1 night per week on average), your child maintenance is reduced. The more nights, the bigger the reduction:
- 52-103 nights: 1/7 off (14% reduction)
- 104-155 nights: 2/7 off (29% reduction)
- 156-174 nights: 3/7 off (43% reduction)
- 175+ nights (50/50): Half off, minus £7 per child
How Shared Care Affects Child Maintenance
The Child Maintenance Service (CMS) reduces child maintenance payments when the paying parent has the child overnight regularly. This is called a "shared care" reduction.
Important: Only overnight stays count. Daytime contact, even full days, does not qualify for the shared care reduction.
Shared Care Reduction Rates
| Nights Per Year | Average Per Week | Reduction |
|---|---|---|
| 0 - 51 | Less than 1 night | No reduction |
| 52 - 103 | 1-2 nights | 1/7 off (14%) |
| 104 - 155 | 2-3 nights | 2/7 off (29%) |
| 156 - 174 | 3 nights | 3/7 off (43%) |
| 175+ | 3.5+ nights (50/50) | 50% off, minus £7/child |
50/50 Shared Care (Equal Custody)
If you have your child for 175 nights or more per year (roughly equal time), the calculation changes significantly:
50/50 Shared Care Formula
- 1. Calculate the normal weekly maintenance amount
- 2. Reduce by 50%
- 3. Subtract £7 for each child in the arrangement
Example: Normal amount = £100/week for 2 children
50% = £50
Minus £14 (2 x £7) = £36 per week
In some 50/50 cases where incomes are similar, this can reduce maintenance to a very small amount or even nothing.
Example Calculations
Scenario 1: Every Weekend (104 nights)
Parent earns £35,000, 1 child, has child every weekend (Fri-Sun = 104 nights)
- Normal amount: £80.77/week
- Shared care band: 104-155 nights (2/7 reduction)
- Final amount: £57.69/week (£250/month)
Scenario 2: One Night Per Week (52 nights)
Parent earns £45,000, 2 children, has children 1 night per week
- Normal amount: £138.46/week
- Shared care band: 52-103 nights (1/7 reduction)
- Final amount: £118.68/week (£514/month)
Scenario 3: 50/50 Equal Custody (182 nights)
Parent earns £50,000, 1 child, true 50/50 arrangement
- Normal amount: £115.38/week
- 50% reduction: £57.69
- Minus £7 per child: £57.69 - £7
- Final amount: £50.69/week (£220/month)
Calculate With Your Shared Care Arrangement
Our calculator handles all shared care scenarios automatically.
Common Questions About Shared Care
Do daytime visits count towards shared care?
No, only overnight stays count. A full day without an overnight stay does not qualify for any reduction.
How do I prove how many nights I have my child?
Keep a record or calendar of overnight stays. If there's a dispute, the CMS may ask both parents for evidence such as a court order, written agreement, or calendar records.
What if my shared care varies week to week?
The CMS looks at the average over a year. If you typically have 2 nights one week and 1 the next, that averages to 78 nights per year, which falls in the 52-103 band.
Can shared care ever mean I pay nothing?
In rare cases with very equal shared care (175+ nights) and lower incomes, the amount can be reduced to near zero. However, the flat rate minimum (£7/week) may still apply in some cases.