Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
I’m in court next week and I’m going for 50/50 if I get this or even 60/40 child maintainance would need to be reduced is it possible to put this out in the consent order ?
The only reason she won’t agree to more contact is because of financial reasons
If your in court for a Child Arrangements Order they won't entertain dealing with the financial side of things. The only time that can be court ordered, is as part of a divorce settlement.
If you have a private arrangement in place for paying maintenance, then it's up to you to to negotiate an amended amount with the mother. If you pay through the CMS then whoever opened the claim with them should contact them to tell them about he change, they should then make an adjustment.
Best of luck
Hi Northerner45
Child maintenance is usually paid to the person with whom a child has their home and who usually provides day-to-day care of the child.
If you both provide equal day-to-day care of your child, in addition to sharing the overnight care and providing their home, then there may be no statutory requirement for either of you to pay maintenance.
As Mojo mentioned, if you have a mutual arrangement agreed between the two of you (often referred to as a family-based arrangement) you and the other parent are free to renegotiate your agreement should you gain 50/50 care or 60/40 care. That is because, these types of agreement are not legally enforceable, and therefore they are flexible in nature.
If you do have a family-based arrangement and you would like help in discussing this with the other parent, the Child Maintenance Options website has a variety of supporting tools and information available at, http://www.cmoptions.org, which have been designed to support you or someone acting on your behalf with your renegotiation.
If you have a case set up with either the Child Support Agency (CSA) or the Child Maintenance Service, you would need to contact them to make them aware of any potential change in circumstances, so they can adjust your maintenance accordingly.
You may be interested to know that the Department for Work and Pensions (DWP) have a website, Sorting out Separation. It aims to make it much easier when you are separated to find the support you need, when and where you need it on a range of concerns, including, money, housing, employment, legal and parenting apart. You can view the website at https://www.sortingoutseparation.org.uk/.
With regards to if this can be put in the Consent Order, you would need to seek legal advice for further information as to whether this is possible or not.
Kind Regards
William
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.