Hi,
I have an upcoming appeal whereby I am trying to prove care of my son is equal despite not having equal overnight care.
My son is with me 3 nights per week, but our arrangement is 9am to 9am on any day or consecutive days including school holidays.
In real terms I’m paying the going rate for 208 overnights, where the factual difference between my and my ex’s care of him is actually 50 nights (due to one fortnight per year being different in our court order).
Then only 12 of those 50 days are not school days.
I have a track record of paying 50/50 in all aspects of my son’s life, over and above my CMS calculated payments.
Reg 50 states day to day care and not overnight stays, but CMS appeal response indicates reg 50 not applicable due to number of overnights.
I’m fearful I’m biting off more then I can chew and that despite there being an obvious inbalance to a layman (like me), that there is no legislation to counteract that inbalance.
How do I win this case? Any advice or related experiences that may help appreciated…
Thanks,
Steve
Hi,
I would recommend you join this FB group, CMS support. lot of experienced members there who have gone through similar situation as you: https://www.facebook.com/groups/239699060076601
Hi, were you successful at appeal?
Hi,
I have an upcoming appeal whereby I am trying to prove care of my son is equal despite not having equal overnight care.
My son is with me 3 nights per week, but our arrangement is 9am to 9am on any day or consecutive days including school holidays.
In real terms I’m paying the going rate for 208 overnights, where the factual difference between my and my ex’s care of him is actually 50 nights (due to one fortnight per year being different in our court order).
Then only 12 of those 50 days are not school days.
I have a track record of paying 50/50 in all aspects of my son’s life, over and above my CMS calculated payments.
Reg 50 states day to day care and not overnight stays, but CMS appeal response indicates reg 50 not applicable due to number of overnights.
I’m fearful I’m biting off more then I can chew and that despite there being an obvious inbalance to a layman (like me), that there is no legislation to counteract that inbalance.
How do I win this case? Any advice or related experiences that may help appreciated…
Thanks,
Steve