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TOPIC: Do i need Legal advice?

Do i need Legal advice? 2 months 1 week ago #97801

  • Harbs7
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Hi,
I have been paying CMS payments for the last 3 years, never missed a payment and followed the rules.
recently i became self employed and at present my income is a lot lower than it used to be, once i do a self assessment that will prove this to the cms. until then i am paying what im told regardless of the impact this is having at home. (the idea is to build my business into a good one but this takes time)
out of courtesy i informed my ex that this will have an impact on what i pay her, which i thought was the right thing to do. (she and her partner both work and earn well, not that its my business but just a little context. she isnt struggling to put food on the table).
This has had a snow ball affect and as such my ex is now saying she is going to take me to court as she now wants me to be responsible for more holiday time.
The timing of this is bad as we have a baby due in the next week and obviously my partner will be going down to stat mat pay before you know it.
financially im not too stressed out as ill always make sure my son has what he deserves but the thought of being taken to court at this time does worry me. and i dont know if this is something i should prepare myself for?
also now the money is likely to drop shes telling me i dont spend enough time with my son and playing the bad dad card, which has never been an issue while she was getting the money.

Current set up is, i have my son every other weekend Friday to Monday,
his school is an hour away from where i am working so those pick ups and drop offs to school are not easy.
i dont do school holidays (i just do the weekends as above, but thats factored into my payments to her)
as i dont get annual leave i am not able to book weeks off and it not impact my family (especially with my partners money dissapearing for a year) but i have booked a 5 day summer break just for my son in cornwall (not glitzy but we will have a great time)

I appreciate i dont spend loads of time with my son but the weekends we have together are brilliant and im very engaged with him. so i dont feel like a bad dad for the way i am trying to handle this situation. i am simply looking for advice on how to handle this situation and should i prepare myself for a court case.
also any advice on what the likely outcome will be, can i be told i have to cover school holidays?
can the court tell me i need to cover more days in the week?

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Do i need Legal advice? 2 months 1 week ago #97810

  • Mojo
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Hi there

She is quite obviously bluffing... there’s no way you can be forced to see your child more. Court applications for contact aren’t to make a parent see the child more, but to order the resident parent to make the child available for contact.

I’m sure you’re a good Dad... concentrate on your imminent new arrival and don’t worry, there’s no way she can do what she is threatening.

All the best

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Last Edit: by Mojo.

Do i need Legal advice? 2 months 1 week ago #97816

  • Harbs7
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appreciate that response, thank you.
i assumed so but i have read some shocking things online so really wanted to get an opinion from those in the know.
thanks again.

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