I am the Paying Parent and have a "Lives-With" court order that defines how many nights my 2 children live with me. It fits into Band B. I have sent this order to CMS and they have correctly calculated the CMS.
Unfortunately I'm in a bitter horrendous conflict and my Ex who will never back down and constantly applies to courts and CMS for unreasonable recalculations, variations appeals etc based on untruths about my circumstances.. She has alienated one of my children who does not stay with me exactly as per court order, rather it's random when they come round to my house with their sibling (who does stay with me exactly as per the order)..
2 Questions:
1. If there is a court order that states clearly X nights, but my ex claims y nights (unagreed by me obviously). What does the CMS take to make it's calculation? (What is the actual rules?)
2. Can my ex constantly keep making CMS create variations, reconsiderations and investigations? When does it stop? This is the 3rd year and I must have replied to several dozen variations almost all have been rejected but she still tries and they seem to just keep coming. Again, is there an actual rule to how much they can apply for these things?
JC
Hi,
If you have court order but tell CMS that kids are spending less time with you than stated in order, they will accept this and increase your maintenance. There rules are somewhere in their decision makers guide:
https://www.gov.uk/government/publications/child-maintenance-decision-makers-guide
Perhaps you can contact CMS and make complaint that other parent is using these tactics to abuse and harass you.