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TOPIC: Advice please

Advice please 2 months 5 days ago #98255

  • Jase80
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Hi all. I have court order which gives me 50/50 overnight stays and half holidays. Ex saying because she has most of the days during holidays (eg the Easter break of 17 days I can only have my daughter for 4 of them) and she takes her to dentist, doctor etc that she should get maintenance. She also saying because I haven’t been to parents evenings - I work shifts and when we were on good tens we agreed she should do the school stuff.

I’m scared she going to apply for maintenance. She works on a school so doesn’t have to worry about annual leave and earns far more than me. I don’t have the spare cash to pay her.

I’m not a deadbeat just finances pretty bad right now.

Cheers, Jason

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Advice please 2 months 4 days ago #98258

  • Mojo
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Hi there

If you have been on good terms with her, could you talk to her about it? As she does have her for slightly more overnights than you by the sound of it, it’s likely she would be entitled to child maintenenace,perhaps you could come to some agreement with her and pay a token amount to cover the holidays when she has her more.

If you’ve read some of the posts about 50/50 and child maintenance, CMS seem to give it to some of our members on production of their court order that states equal shared care, but some are refused even with the court order!

I always think it’s better to try and work something out between yourselves if at all possible.

Best of luck

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Advice please 2 months 4 days ago #98274

Hello Jase80

When an application is made for a statutory maintenance arrangement and the care of a child is proven to be shared 50/50, there is not usually any maintenance to be paid. This is because the Child Maintenance Service would not be able to ascertain a main carer in these circumstances.

If your ex was to make an application, the Child Maintenance Service would calculate your payments based the information available to them which could include the court order that you have. As you will not be having equal care during school holidays, this could be a consideration for them. You can view more detailed information about how they calculate maintenance payments here, www.gov.uk/government/uploads/system/upl...hild-maintenance.pdf

On the Child Maintenance Options website, www.cmoptions.org , you will find lots of tools and guides which are designed to help parents set up or renegotiate their own family-based arrangements. These include the Discussion guide and the Family-based arrangement form, which although not a legally-binding document, can help to formalise your arrangement and can be a useful tool for future negotiations.

If you require any further information and for a more personalised service, you can contact Child Maintenance Options directly.

The Department for Work and Pensions (DWP) have a website, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is www.sortingoutseparation.org.uk/

Regards

William

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This information which Child Maintenance Options has provided is not a substitute for independent professional advice and users should obtain professional advice relevant to their particular circumstances.

Please note: the Child Maintenance Options team cannot answer any questions relating to a specific CSA or Child Maintenance Service case

Advice please 2 months 4 days ago #98277

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Child Maintenance Consultant wrote: Hello Jase80

When an application is made for a statutory maintenance arrangement and the care of a child is proven to be shared 50/50, there is not usually any maintenance to be paid. This is because the Child Maintenance Service would not be able to ascertain a main carer in these circumstances.

If your ex was to make an application, the Child Maintenance Service would calculate your payments based the information available to them which could include the court order that you have. As you will not be having equal care during school holidays, this could be a consideration for them. You can view more detailed information about how they calculate maintenance payments here, www.gov.uk/government/uploads/system/upl...hild-maintenance.pdf

On the Child Maintenance Options website, www.cmoptions.org , you will find lots of tools and guides which are designed to help parents set up or renegotiate their own family-based arrangements. These include the Discussion guide and the Family-based arrangement form, which although not a legally-binding document, can help to formalise your arrangement and can be a useful tool for future negotiations.

If you require any further information and for a more personalised service, you can contact Child Maintenance Options directly.

The Department for Work and Pensions (DWP) have a website, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is www.sortingoutseparation.org.uk/

Regards

William


William, I have an absolute exact 50/50 care, it is detailed in a court order in very easy language,.. two weeks alternating live with shared care between father and mother. Can't get simpler than that.

CMS are refusing to stop child maintenance and keep on quoting it is because mother receives childs benefits she is the primary carer. i.e. I am the non-resident parent!!!

On the phone CMS have gone as far as to say they don't care what the Judge, High Court or any legal system says about equal shared care, they do what they want, they have absolute discretion in the matter and the child benefits means mother is the resident parent and I am not.

I am now up to by 3rd letter to them,

Do you feel this will end up in court?

I am truly shocked at the CMS,

In due course I will send a written complaint, but want this nightmare I am in to stop.

They are making my life a living nightmare,

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Advice please 1 month 4 weeks ago #98353

  • actd
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I would be inclined to start the complaints process sooner rather than later.

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