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CMS and Non-adherence to Court Order
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J2S
Posts: 1 Newbie
Hi All
I've received a CMS application from my ex. I have had a court order in place for a number of years for 50/50 shared care and she is now 15.
My ex has consistently treid to have her labelled with something and is trying for autism, again, as she is not making her go to school. I tried helping late last year and the only time she has been in was whilst in my care this year.
My ex is no longer ahering to the court order, a regular occurance over the years.
Can CMS make me pay, even though she is in contempt of court and I have a valid order?
I've received a CMS application from my ex. I have had a court order in place for a number of years for 50/50 shared care and she is now 15.
My ex has consistently treid to have her labelled with something and is trying for autism, again, as she is not making her go to school. I tried helping late last year and the only time she has been in was whilst in my care this year.
My ex is no longer ahering to the court order, a regular occurance over the years.
Can CMS make me pay, even though she is in contempt of court and I have a valid order?
0
Comments
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Unfortunately, the CMS can and will make you pay their calculated amount of child maintenance regardless of the other parent's compliance with a court order.
Have you been in touch with the local council about your daughter's school attendance. They will normally have a team that deals with truancy and the like. They might be able to help get your ex to encourage your daughter to go to school, while her needs are assessed.
You seem very certain that your daughter doesn't have any special needs, but your ex is spending more time with her, so might be more aware that she does have a problem. The problem could be many things. Perhaps it would be best to talk to your ex about what she is seeing that makes her think that your daughter has special needs, and what sorts of solutions are needed. It your daughter isn't going to school regularly, you probably do need to talk together about her long-term future. I would recommend being open minded about the situation. Your daughter will take charge of the situation over the next couple of years if she is able to do so. If she can't, it would be better if both her parents were on the same page about the help and support she needs.The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.0 -
Child maintenance covers how your child’s living costs will be paid when one of the parents does not live with the child.Q: What happens if the day-to-day care of a child is equal between a paying parent and a receiving parent?A: In this situation, the paying parent does not have to pay any child maintenance for that child.
If you have 50/50 equal shared care, you should not be paying any child maintenance...0
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