Some Guidance Needed

AnonRon

Since me and partner split up, once everything was in order I went to the CMS so they could calculate the payments etc and ensure that I recieved a fair amount for the children.

From the get go it was a case of my ex having the kids for less than 52 nights a year. So falls in the maximum bracket for CMS. This has never been disputed until now. Their salary jumped significantly last year as such so have the CMS payments. However now they have gone too the CMS and alluded to the court order that says they have X amount of nights a year, would average at 52.

CMS have phoned, I have told them that whilst the court order says that it has never been case. Case in point, weekend just gone and the weekend after are their 'weekends to have the kids' so these 3 missed nights would immediately reduce the nights to 49. Since splitting there has never been any desire to pick up any lost nights plus as court stated that would not be obligatory.

CMS have basically they said they will seek proof which will be hard to ascertain I think. Apart from the odd message here and there I have little in black and white.

Where do I stand if CMS come back and say they believe my ex has the kids 52-103 nights a year when in actual fact they most definitely do not?

HoneyNutLoop

You can ask for a Mandatory Reconsideration and then appeal if the decision doesn’t change.

However, it’s worth noting that the rules surrounding shared care decisions were tightened when CMS was introduced, compared to the CSA.

http://www.legislation.gov.uk/uksi/2012/2677/regulation/46/made

Firstly, the law was changed to say that the shared care allowance would be based on what is expected to happen in the 12 months following the effective date, not was has happened in the 12 months prior to the effective date.

Secondly, it directs that the Secretary of State must firstly consider the terms of any agreement made between the parties or of any court order providing for contact between the non-resident parent and the qualifying child. Only if no such agreement or court order exists does the law direct that the Secretary of State should consider whether a pattern of shared care has already been established over the past 12 months.

The problem that you face is you are asking them to base their decision on your account of the pattern of care that has been established in the prior 12 months - I.e missed nights, over and above what your court directs should happen in the next 12 months. This is the opposite of what the law says they should do in the circumstances.

AnonRon

Thanks HNL. We have proof of the previous year and this year we are trying to get a message saying the same. Clearly he's wisened to it. All we can do is put these to CMS.

Naturally what's gone is gone and we're not concerned by that, what we know will happen though is that he will only have his kids less than 52 times a year in spite of what the order says. As his kids don't come first.

Will just have to wait for the next letter.

Comms69

Is this the battle to fight? 49 or 52, the reduction is 1/7. and broadly speaking the kids are away 1/7 days.

AnonRon

May be seen as petts Comms. Can understand that, it's more to do with the fact he has point blank lied and now all of a sudden where he wasn't going to have his kids one night this weekend he suddenly has found a solution.

Will see how the year plays out but I'll guarantee that by the end of it more dates will be missed once his new partner chews his ear. To put things into context the boys bedroom was stripped at least 2 months ago, it's still not done. Yet he's living in a fantasy land where he wants the kids midweek etc. and banging on about their best interests. It's infuriating.

In 2 1/2 years that has been no interest in having his kids more, let alone having them for the amount of time outlined by the courts. Holidays have always been booked when they were meant to have the children. It's a joke and this lie has enraged me too be honest.

Always more than one way to skin a cat.

harris497

If there is a court order stating 52 nights a year and if he claims he does that, based on the order - CMS will have to accept it.