Hi all
I have just had a call from cms staying my ex has started an application for maintenance, no we have never had an issue for the last 6 years with payments. My issue is we have both given different amount of days my daughter stays at mine, me ex has stated to cms that she sometimes stays at my mothers on my weekends and this has lowers my total number of nights.
So firstly how can cms prove this,
second I was under the assumption cms use an average number of nights to work the payments.
Can any one help on this matter
Cheers
I think if the number of nights is disputed between parents, the CMS will take the default position and make the calculation on one overnight per week.
All you can do is to dispute her claim and state that your child visits with you but is still under your care, whether they accept it is anyone's guess to be honest.
I am going through the same just now, previously I had a family based agreement in place but it only takes her to pick up the phone and disagree with the money.
CSM rules from what I have learnt - They will contact HMRC and what ever number they give the CMS that's the number they use to work out the amount you pay (Gross after pension contributions)
Stupid as it seems they worked out my annual totally incorrect because I had done a lot of overtime, when I said I don't earn as much as they quoted they stated that unless it was 25% of a difference they will go ahead and use the number given by HMRC.
The csm do still take the AVG amount you see the kid(s) weekly and use that. If they are staying at your mums on the days YOU have her they CANNOT say you have her less days as you have her in your care and not your partners.
Thanks that’s great, I was think along the same lines as that, they surely can’t use what they can’t prove.
The problem you have with contact is that neither you or your ex can prove anything, which is they have to take a default position.