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[Solved] CMS Back dated? Just a quick one!

 
(@Col420)
Eminent Member Registered

Hi,
Just a quick one! Does anyone if shared care can be backdated ?

Currently a court order that states i have 2 nights every other weekend ( fri-sun) plus xmas, holidays and birthdays.

Back in court on the 16th Decemebr where I have requested an indirect contact order ( see other posts for the reasons for this) If i get the indirect order i will no longer have overnights. In my experience, the actual physical court order comes through the post and i have never been handed it on the day of a hearing. They can take several weeks. This hearing is only the FHDA too so possibly will be others but may be used as a final as i only want an indirect order which CAFCASS have recommended so I'm pretty certain it will get ordered.

I know CMS will want the new court order as evidence to show there is no longer shared care but will they then back date it to the 16th December ( the day of the hearing) or will they go off the day they received the new court order which will probably be January time.

Just preparing for my maintenance and if it will be backdated i need to finically budget for this

Thank you

Quote
Topic starter Posted : 11/12/2020 3:15 pm
(@dadmod2)
Illustrious Member

hi,

from experience CMS are unlikely to back-date this. They seem to only back-date if you fall behind in payments or haven't told them your working. you can message them and ask what they will do.

ReplyQuote
Posted : 11/12/2020 6:11 pm
(@dadmod4)
Illustrious Member

CMS normally date from the day they are actually notified, so I'd work on this date. If it's later, then you have that bonus.

ReplyQuote
Posted : 12/12/2020 7:01 pm
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