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I'm going through a nasty divorce, my wife (hopefully soon to be ex wife) has claimed she's moved out, but hasn't returned her key.
She has also claimed that I have to pay her maintenance the minute she moves out. I've spoken to the CMS, who have half advised me to put in my own claim against her. The child care arrangements are not settled, nor are the finances. I'm seeking 50:50 on the child care.
What would be the benefit of me putting a claim against her? I am the higher earner.
Can I negate any CMS against the fact I am seeking 50:50?
Is there any way I can avoid paying her anything, seeing as I have been the primary carer, the children are resident with me, I pay for 90% of their activities and all of their food etc......
Any advice is greatly appreciated.
hi,
if kids will be living with you majority of time and she has moved out, you are resident parent and she should be paying you maintenance. who is receiving child benefit? good idea for you to claim it if kids living with you.
Thanks Bill
The difficulty I'm having is nothing is settled, no finances, no child care arrangements.......its all just dragging on
But she keeps threatening me
And her latest threat is she's moved out and she wants more money from me, or she's going to the CMS
I need to know what I can legally argue / negate with
She takes all the child benefit, happy for her to keep it if it keeps my CMS payments down
@superflyguy hi, would suggest to seek legal advice on the finance issues. for child arrangements you could get a family mediator involved and see how things turn out.
Its with lawyers
Mediation has been ruled out by MIAM - unsuitable because of the other sides lies
I just need advice on the CMS threat, I can handle the rest
@superflyguy maybe you can let lawyers know of her conduct, making threats about money and CMS, maybe this falls under domestic abuse laws; intimidation, financial control/post separation abuse. could maybe report it to police.
As with CMS, if she moves out and takes children with her, she can freely open a CMS case and you would be legally required to pay child maintenance, as the non-resident parent. if your somehow able to achieve a shared care arrangement, one where children live with both parents and there is equal day to day care, you would not be required to pay her child maintenance. CMS often ask to see court orders as proof of child arrangements.
Bill
that's great
She has threatened to take the kids, but my lawyers have written to her telling her if she does this we'll apply to the court to have them returned
The info you have given is invaluable
Many thanks
Martin
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