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Child Maintenance

HELP please

My ex demanded more money we don't have a good relationship anymore, to which I declined telling here I couldn't afford it, so she want straight to the CMS and has basically lied to them, I have my children every weekend Friday 4pm until Sunday 8pm, plus they come to mine for tea twice during the week, plus 5 weeks holiday throughout the year plus any extra, she has told the CMS that the children don't stay with me and because we don't have a court order about the overnight contact there isn't anything I can do, to make matters worse I recently got a new job which has resulted in a severe drop in pay but the CMS will only take into account my pay previously, I recently lost over £1000 I couldn't afford instructing a solicitor to try and sort out the contact arrangements, she didn't reply.   I am left with pretty much nothing to feed my family and she now refused to communicate with me telling me to contact her through my solicitor.  I don't know which way to turn.  Final point she works for CAB.  Surely this is obtaining money through deception or some type of fraud.  I just don't know which way to turn any more.  

Comments

  • Brie
    Brie Posts: 12,411 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Not my area of expertise but I didn't want this to go without any sort of reply.  

    My first thought on things like this is that because I'm no expert I would send someone to CAB.  That your ex works there in any capacity might be an issue but more likely an issue for her rather than you perhaps.  So maybe that's the answer?
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  • MrsR1234
    MrsR1234 Posts: 45 Forumite
    Sixth Anniversary 10 Posts
    At this stage you are saying you have contact, she is saying you are not. Without a legal order, they will have to presume there is none.

    If you are continuing to have the children, but she is saying you are not, you need to have a mandatory reconsideration on the decision not to include overnight care. Once this is completed you will then need to make an appeal to HMCTS. Keep/document when you have the children overnight alongside any evidence to support and submit this for your appeal. 

    If you are no longer having the children, then you may need to seek advice on regaining contact. If she didn't reply to your solicitor, then you should have been able to move forward with a direct court application, and shown that mediating had been unsuccessful?

    Ultimately you can go via appeals for this particular decision but without a court order, she can report changes to overnight care in the future, and you may well end up back in a similar position. You do need a legal document to prevent this. 

    Regarding your income, there needs to be a 25% reduction to your income in order for a change in circumstances to apply. If that doesn't apply then, they can not consider your new income. You can appeal it, but it is legislative so would not change under appeal unless there has been a 25% change unfortunately. 

    Good luck
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