Guide · Updated 07/07/2026
Shared care: nights matter, and so does evidence
Overnight care by the paying parent reduces the maintenance figure in fixed bands. Because a single band can move the figure by hundreds of pounds a year, shared care is one of the most disputed inputs — and one where the CMS's default assumptions catch parents out.
The bands
| Overnights per year | Roughly | Band | Reduction |
|---|---|---|---|
| 52–103 | 1 night a week | A | 1/7 |
| 104–155 | 2 nights a week | B | 2/7 |
| 156–174 | 3 nights a week | C | 3/7 |
| 175 or more | Half the time or more | D | 1/2, plus a further £7 a week per child |
The count is of nights the child stays overnight with the paying parent, looked at prospectively over the next 12 months (usually based on the established pattern or any court order). Shared care cannot take a basic/reduced rate liability below £7 a week. A flat-rate payer on benefits with 52+ nights pays nil.
When parents disagree about the count
Both parents are asked
The CMS seeks each parent's account of the care pattern — ideally in writing.
Evidence is weighed
Anything probative counts: court orders (a Child Arrangements Order setting the pattern is strong evidence), a written parenting plan, school and GP records, diaries and calendars, messages arranging handovers. Keep a contemporaneous log — tribunals give it real weight.
If it cannot be resolved: assumed shared care
Where a court order shows shared care but no reliable night count exists, or the evidence is irreconcilable, the CMS can set "assumed" shared care of one night a week (Band A). If your actual care is higher, this default undercounts it — and it is challengeable with evidence.
Where care is shared exactly equally and neither parent provides day-to-day care "to a greater extent" than the other, regulation 50 of the 2012 Regulations can mean no maintenance liability arises at all — there is no "non-resident parent". This is a high bar: Child Benefit receipt creates a presumption about who has greater care, and equal nights alone do not settle it (decision-making, expenses and practical care all count). Genuine 50/50 parents who are still assessed should take advice and consider appeal — tribunals decide this on the whole picture.
Checking your decision letter
- Does the letter state the band used? If it is silent, phone and ask, then confirm in writing.
- Was "assumed" care applied without anyone telling you? That often surfaces only in the case file — a subject access request reveals it.
- Has a changed pattern (new court order, child's timetable change) been reported? Band changes are a change of circumstances either parent can report.
- Disagree with the band? Mandatory reconsideration within one month, with your evidence attached.
Sources
| Source | Type | Date | Credibility |
|---|---|---|---|
| CSMC Regulations 2012, regs 46–47, 50 & CSA 1991 Sch 1 para 7 | Primary legislation | As amended | High |
| GOV.UK — How child maintenance is worked out (Step 5: shared care) | Official guidance | Current | High |
| Commons Library CBP-7770 | Parliamentary briefing | Oct 2025 | High |
| CMSAS — 50/50 equal shared care and regulation 50 | Practitioner blog | Jan 2025 | Medium — specialist adviser commentary |