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Hi. My partner has been awarded every other weekend Friday through til Monday and one overnight during the week. It also states in the schedule that he should get half of all School holidays too.
We think we have worked this out to be just the 156 overnights that CMS stipulate to move into the next bracket. His ex will most definitely try and say to CMS that he isn't in that bracket because obviously it means less money paid to her.
My question is, if the child arrangement order just stipulates half the school holidays and his every other weekend and an over night in the week, who's responsibility is it to work it out and provide the details to the CMS to prove what it amounts too as it literally just scrapes in when we go through the calendar and mark off all his nights etc.?
CMS said they will want a copy of the court order and that's fine but it doesn't have a total of all the dates. Surely it can't be another case of where the ex just needs to say no that's not right and that's simply that then?!
I'm pretty sure the order gives you over the 156 nights... 5 nights every fortnight =10 every 28 days brings you to about 130 nights p.a. and that's without factoring in half the holidays.
The CMS should accept the order, if you're worried put in a breakdown of the number of nights over the year. There is an appeals process if you feel they arent taking the right number of nights into comsideration.
Hi There,
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I agree with Mojo, it sounds as though the court order should be enough, that said, it wouldn't hurt to print out a calander on an A4 sheet and mark out the school holidays and then number each night incuding the every other weekend mid week and school holidays, this would then give the total at the end of the year, The moore you do the better it should be, it;s down to you to prove the number of over nights so if you can give the order and also a diary showing this, I'm sure you would be fine.
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GTTS
Thank you both. I have already printed off a calendar and marked it accordingly ready to send off if required with the court order as I figured that may help. The issue will be that his ex won't want him to change brackets so will now know doubt try to book more holiday for herself and as she words her messages 'I'm telling you, not asking you' in the hope of pushing him under 156. Hopefully the CMS will just take the court order as is and it's not worked out on actual days, specially if she starts trying to stop him having the children on his.
Hi there
My understanding is that they would work off the planned over nights so effectively what is in the court order so fingers crossed you will be OK.
GTTS
I do hope so. It seems she would rather palm her children off to anyone else whilst at work other than their dad just because it means she gets less money if he see'sthem more.
Something is seriously wrong with the system
Hi There,
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I've been there and as my user name suggest I have the T-Shirt in many sizes and styles Lol
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Good luck and let us know the outcome, I am just going back through CMS as my income has changed after stopping being slef employed and becoming employed again so have been speaking with CMS this evening, I have to say they were quite helpful so I'm hopeful that my up dated case will go smoothly.
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GTTS
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