CMS Regulation 50: equal shared care explained
Regulation 50 of the Child Support Maintenance Calculation Regulations 2012 deals with a special shared-care situation where the statutory conditions are met. It is distinct from the ordinary overnight-band calculation.
Find Regulation 50 casesWhat Regulation 50 is about
The regulation concerns cases where an application is made by a person with care and the circumstances satisfy the specific statutory shared-care conditions. Whether it applies depends on the legislation and the facts of the individual case.
Do not assume that 182 or 183 nights automatically answers a Regulation 50 dispute. The legal question can involve the wider care arrangements and the precise statutory conditions.
Why evidence of practical care matters
Where equal care is disputed, evidence may need to show the real pattern of responsibility: where the child stays, childcare arrangements, school or nursery involvement, medical appointments, routines, transport and other practical responsibilities.
A court order can be important evidence, but the factual care arrangement may still need to be examined.
Regulation 50 and shared-care reductions
The familiar shared-care bands reduce maintenance according to qualifying overnight stays. Regulation 50 is a separate legal provision. Mixing the two concepts can lead to arguments being made against the wrong CMS decision or rule.
Use Upper Tribunal decisions carefully
Upper Tribunal judgments can provide authoritative guidance on how legislation is interpreted. Our case library includes shared-care decisions with plain-English summaries, but you should read the original judgment before relying on a case.
Legislation: Child Support Maintenance Calculation Regulations 2012, Regulation 50.