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CMS taking over a court order

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Hi all, long time reader, first time poster! 


I currently pay me ex wife £1350 per month and have my 2 kids for 2 nights a week. Im right on the threshold of 1-2 nights per week or 2-3 nights per week for the CMS website, what stops me going into the 2-3 category (and therefore cheaper) is that they sometimes sleep at my parents house to help me out around work, or if I'm away on holiday. 

Q. Does staying with my parents class as my night?


We had a financial remedy order made up, and it was approved in court, upon the divorce to explain the monetary split. This took nearly 1.5 years to resolve. She was always adamant I shouldn't be a bare minimum dad and up my payments, which I did to around £1050 (CSA calc said £890) at the time we split in summer 2021. In order to qualify for a mortgage she asked me to give more money per month and I agreed on £1350 as it meant she was affordable for some decent homes. I had already agreed to let her take all 100k of the equity to buy this house, meaning my parents now own 10% equity of my new home as they bailed me out!
The ex then ended up buying a house way cheaper that she didn't need this extra money per month for, but I'd already agreed and signed with my solicitor.
With this extra money, I never get sent any extra clothing and have to run around washing school uniform each night, and buy all my own stuff for them. 
(I get asked to do more pick ups from school when she works, pay for swimming and more, yet I pay so much! I feel a mug)


Q. Is this reasonable? As the paying parent shouldn't I be sent a bag of clothes?


I can soon go to the CMS for a calculation to be done and just pay that, which is around £950 now. That can be done as of April, 1 year after the remedy order was issued. It'll take the pressure off of me as I'm payslip to payslip at the moment. No spare cash! 

Q. Has anyone experience of doing this? Is it straightforward or do I need to go back to my solicitor/ can I expect some push back from the courts!?



This topic was modified 3 months ago by benish7
Topic starter Posted : 13/03/2024 11:23 pm
Illustrious Member

hi, it is very common for people to sign up with CMS, a year after their order expires. if its more affordable for you to go through CMS, you can do that.

yes it would be nice kids came to your home with some extra clothes, but not not all ex partners are that amicable. I buy my own sets of clothes for my kids and keep them at home.

Posted : 14/03/2024 1:46 pm
Active Member Registered

Can you revert from the CMS back to an original court order?

Posted : 27/04/2024 5:38 pm

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