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.nnFor equal care the CMS has to consider overall care arrangements, not simply overnights, This Upper Tribunal case decision (https://assets.publishing.service.gov.uk/media/597af98de5274a1707000006/CCS_2014_2016-00.pdf) has more detail on this. See also our Notes from CMS training (https://www.sharedparenting.scot/wp-content/uploads/2019/12/Notes-from-January-2017-training.pdf)