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CMS incorrect overnight stays.

 
(@harrisonbirks)
Active Member Registered

Hi All, 

recently my ex has started a CMS claim. (Always used family based plan- Never been a issue) 

when it comes to having my children it can change a lot due to shift work. Sometimes 1,2,3 or even 4 over night stays if I’m on leave. 

now here’s the kicker- my ex partner has now said I don’t have my children at all. And cms has just taking this as gospel. Completely untrue.

she’s now stating the following- if I do not provide my entire works rota (I’m not divulging my entire life pattern) and I’m not consistent she will not update CMS and I will pay full despite having my children over night. I work shifts my life isn’t consistent, she has always known this. 

I just don’t know what to do as this will put me under financial pressure. All I want is to see my children fairly and pay according. 

should I try go for a court order? 

any help appreciated 

Quote
Topic starter Posted : 17/04/2024 6:01 pm
(@bill337)
Illustrious Member

hi,

if you were to get court order that works out as you having kids for 1 or 2 nights a week on average, then it won't amount to a huge reduction in maintenance. you can get a good idea of how it will be using the CMS calculator:

https://www.gov.uk/calculate-child-maintenance

it is very unfair. you may want to consider getting a court order. or would it be easier if you sent ex your rota?

ReplyQuote
Posted : 17/04/2024 8:06 pm
(@harrisonbirks)
Active Member Registered

@bill337 thanks for your reply. I’ve tried the sending rotas but she’s now blocked me. How can I show consistency and send my rotas when the line of communication is broken. 
Im just a daddy who wants to see his children. 
im really stuck on what to do now. 
any advice greatly appreciated

This post was modified 1 month ago by HarrisonBirks
ReplyQuote
Topic starter Posted : 19/04/2024 8:46 am
(@champagne)
Honorable Member

It will be difficult to arrange if she's blocked you but suggest you use AppClose for communicating about the children. You say you are seeing the children so you must need to communicate somehow. 

ReplyQuote
Posted : 19/04/2024 9:20 am
(@harrisonbirks)
Active Member Registered

@champagne thankyou for the reply. 
I have a solicitors appointment next week as I’ve no idea what to do, won’t answer calls (straight to voice mail) and blocked on WhatsApp. I cannot be consistent with my children because communication is blocked. I’ve no idea how I can arrange to see them etc. So, I think legal is my only option now. 
It’s making me really sad and my children are the ones suffering here.

ReplyQuote
Topic starter Posted : 19/04/2024 1:19 pm
(@bill337)
Illustrious Member

@harrisonbirks Hi, please get in touch before solicitors appointment, you should be able to do this without spending thousands. sending you a private message...

ReplyQuote
Posted : 19/04/2024 2:13 pm
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