Hi I'm actually a mum desperately looking for advice.
To cut a very long story short my ex husband and me did up until April this year share custody of our children 50/50 no maintenance issues nothing
In April of this year when my children where with him he sent me a text message if I want to see my children I need to go to court, no reasoning no nothing, contact police etc no help then beginning of May cms send me a letter I need to pay maintenance.
Hold on one moment he has illegally stopped me seeing my children I'm paying out £1000s in solicitors fees court fees jumping through hoops for cafcass now I am being sent a cms bill.
Not interested just pay what I owe.
I start paying as I'm not going to be made to look a fool in court, court is in November
But the whole reason he stopped the children from not only seeing me but there grandparents aunts and uncles as I was 4 weeks from giving birth to new baby with new parter so he became almost insanely jealous his fault marriage ended as he cheated but never accepted it was over although officially divorced for almost 2 years separated 4.
Cms have not taken into account new baby rejected a birth certificate as proof of new baby my wages have fallen over 70% since June and have rejected payslips etc. Finally end up sitting on the phone for 3 hrs yesterday trying to sort out everything to be told although I have paid my daughters phone bill for last 6 years this isn't classed as maintenance costs unless receiving parent agrees how and why would he agree to me paying less whilst still paying phone bill its a contract so I'm stuck.
Surely there must be a common sense approach why is it only the receiving parent that makes decisions surely at some point someone with common sense would see as I haven't just decided to pay her bill to reduce costs which it wouldn't anyway that I've been paying for years why is it OK for them to ignore it.
I am hoping in November cms will be a distant memory but its so one sided its like nothing tbe paying parent says is true
Paying parent scum
Receiving parent angel
Backwards
I am afraid there is no common sense either on CMS or on the family court. You have to pay what CMS says and label it as Child Maintenance on the bank transfer or your ex could say the money you are sending was not child maintenance but a gift (as he is bitter he may do it). Regarding the baby, you need to claim child benefit. CMS only take child benefit as proof (I know it makes no sense). The contract for the phone you will have to pay in addition to CMS. You can try to cancel the contract. Just for information, probably nothing will happen in November apart from the judge making some directions (instruction of things the courts wants both to do) and scheduling another hearing in a few months.
yes CMS can be a real pain to deal with. hopefully you can get a court order in place ASAP, then send that to CMS as proof of 50/50 equal care. try to get order to state children lives with both parents, and equal day-to-day care.
Hi
How old are the children? Depending on their ages their views of which parent they want to live with will be taken into consideration.. Usually 10 plus.
Also put in a claim for child benefit as soon as possible.
Mobile phone will not be considered as a deduct able expense.
If your income has dropped, then need to usually wait for 2 wage slips for CMS to recognise the drop and do an adjustment to payments based the the 25% reduction to income rule...
As previously mentioned. Things in the family courts aren't a quick process. In the meantime ensure you are getting school education updates etc.
All the best.