Hi all,
For the last 12 months, my sons mother has had a new job and therefore I have had the majority of the day-to-day care and overnights with child, including school runs, doctor appointments, etc.
We have shared care and there is no court order in place. Before her job change 12 months ago, the CMA has me registered as having 2 out of 7 overnights per week, although in reality it was 3 out of 7.
We are currently in dispute around the plan going forward as I would like to continue 50/50, and son has thrived at school and socially having the additional time with me, but she is fighting this. I've attended a MIAM, but am waiting to see if she will attend one.
I have written to the CMA outlining the facts, as I have all of this agreed with the mother via. email. However I have found out today that my request for 50/50 care has been rejected, likely due to the fact she receives child benefit.
Reading this forum it seems like my options are as follows:
- Go to court and hope to have an order in place that outlines 50/50 shared care
- Apply to have the child benefit updated to my name, although I'm not sure how easy / successful this would be
- Raise a case for mandatory reconsideration - although it seems like this would be destined to fail unless I can get a positive outcome via. options 1 and 2 above
I'll add that I'll continue to want to see my son 50/50 regardless of the financial arrangements - but if I can reduce my financial burden in line with the truth of the situation, then that is a positive.
Thank you and look forward to any thoughts about my options
Pat
Go to court, slower and costs, but final. then if she breaks it you have the courts to refer too. Sad fact is you cant trust CMS.
Hi,
I feel your pain, I have had nothing but useless staff at the CMS dishing out incorrect information. As there is a child benefit claim in place it has kept the case open. Maybe apply for child benefit in your name...
After that maybe send proof to the CMS of 50% care/costs etc and they will evaluate.
Also a letter to a local MP may help...
Good luck and don't give up!
I think if you can get the child benefit in your name this would be a big step. I wrote to them and advised everything I was doing with my daughter and was awarded it. This may help you as you may then be seen as the resident parent. Thet seem to accept what the resident parent says about shared care if there is no court order in place.