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CMS - 52+ nights proof

New Member Registered

Hi All,

I've had a consent order in place that agreed a maintenance figure (8 years) and now one of my children is in tertiary education, I thought I could just start paying for one child. However my ex has opened a case with the CMS.

She has stated that I have the children less than 52 nights a year, and that I have only 1 child.

In fact I see the children for two nights every other weekend and more during the holidays - therefore I see them in excess of 52 nights.

I also have 3 other dependent children. I have called the CMS and told them both of these facts.

If my ex disputes the 52+ days, can I provide evidence?


Topic starter Posted : 21/09/2022 9:35 am
Famed Member


if that consent order lays out days you have the kids, you can send that to CMS as evidence. They claim to accept informal evidence as well as formal, but often they will ask to see a court order.

Posted : 21/09/2022 4:39 pm
New Member Registered

Sadly the Court Order is very out of date, and has me to see them 1 night a fortnight and 1 visit during the week/weekend (setup when I had no home of my own). I typically have had them 100 plus nights. This has reduced slightly due to the kids having part time jobs and social things on weekends etc.

We have had an informal agreement that I can have them more often, and has been the case for the last 8 years.

Topic starter Posted : 21/09/2022 4:52 pm

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