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TOPIC: Child Maintenance

Child Maintenance 6 days 12 hours ago #102312

I have an ongoing case with CMS, I am a father to 2 boys aged 13 and 11 . My ex (mum of the older 2) has gone to CMS, we went our separate ways in 2014. In September that year she then wrote to me and said she wasn't going to pay for anything to do with the children anymore and that she wasn't going to take the children to any extra-curricula activities.

Both children's child benefit was in my name until Feb 2018 when they changed for the one-child because to them they couldn't conclusively say who has main parenting duties. This hasn't deterred CMS who are charging me maintenance for both children.

I see my children every day as I have to take them to extra-curricula activities then return them to their mum after:-
Monday straight after work I go and pick up our youngest and take him for football
Tuesday I go and pick up the eldest and take for rugby
Wednesday I go and pick up the eldest for Football
Thursday to Sunday I have them

Until September this year, I paid for all clothes, uniform, school dinners, school transport, school activities, extra-curricula activities and taking them wherever they need to be. I do all the picking up and dropping off as my ex won't do any of that. I am the contact with schools, I applied for their school places, attended appeals when school places were not awarded, I schedule and attend all school meetings, doctors appointments etc but somehow all this counts for nothing and maybe because I am a father it is assumed all sorts.

My ex is a nurse who works rotas so her availability is inconsistent and the result is I have the children just as much as her if not more as the example calendars I have attached show (but CMS are not interested in them it is her word against mine). I am at my wits end with them and they have sent a DEO to my workplace demanding I pay £915/month.

What incentive do they have to close my case if they are making so much money off me

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Child Maintenance 6 days 10 hours ago #102319

  • actd
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Hi, answering your last question first, I'm afraid they won't close the case until your children are no longer covered, so when they leave non advanced education.

I would ask though, is there a case for you to go for custody (not the modern term, but the idea is still there)? Sounds like you are a much better parent than your ex is.

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Child Maintenance 6 days 7 hours ago #102326

How do you mean 'go for custody'?

My main point is if you look at the uploaded calendars I have the children more than the 3 days she has told them, going past their 176 night threshold that CMS have for claiming child maintenance.

Why are they charging me maintenance for a child for whom I am the legal guardian by being in receipt of his child benefit?

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Child Maintenance 6 days 3 hours ago #102332

hi,

its strange. i read other cases where CMS were given evidence like calendars and message exchanges, showing how many nights children spend with parent x. and they accepted that.

they like to ask for a court order as definite proof of who the children live with and how many nights etc. soon as i got my court order i gave it to CMS so they re-calculated my payments.

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Child Maintenance 5 days 10 hours ago #102357

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Pamodzi1 wrote: How do you mean 'go for custody'?


I mean a child arrangement order where the children live with you, and your ex has a contact arrangement. That way, you would be claiming child benefit, and you ex would be paying you child maintenance.

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