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Hello
i I am sorry if I am not allowed in this group , but I am trying to help my brother. He pays £170 a month to his ex wife for his son who is 13. However my nephew spends 4-5 nights a week with his dad. My brother also gives my nephew extra spends when he needs it.
so far this week my nephew has stayed with my brother everyday.
i don’t think it is right in any way shape or form. Why won’t anyone help him to sort out his payments. Surely he shouldn’t be paying so much when he has my nephew so many times.
again I am sorry if I am not allowed to be in here.
but any advice would be great
thank you
hi,
so he is paying through CMS I take it?
what are his regular arrangements for seeing child? is there a court order in place?
Hello,
(Assuming maintance is through the CMS).
Look if he applies to the CMS for a reduced rate, based on the number of nights or 50/50 shared care. The CMS would write to the RP (residential parent). To confirm or agree, that in fact, he has the child that many nights. (This would also be agreeing to a reduction in maintance as a result).
"In alot cases the RP does not confirm or agree because personally, there is nothing to be gained by doing so".
In this case, he would require a court order, to prove what he says to be true. The CMS would have to take the court order over any here say. In the caculation of maintance. (Just supplying text messages or email of arrangments is not always sufficent).
You then have to consider court or reducing maintance creates conflict. More that likley, effecting access and the relationship for the NRP (None residential parent). With the child.
Listen, what is more inportant to your brother at this moment in his case? Have you spoken to him about where he actually stands?
Has he tried to negotiate a diffrent finantail arrangment direcly with the RP?
It not "right in any way shape or form". But unfortanatly this is reality for alot of NRP. Some people have morals, other find ways justify there behavour.
I hope he finds a resolution.
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