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
Hi all
I have just had a call from cms staying my ex has started an application for maintenance, no we have never had an issue for the last 6 years with payments. My issue is we have both given different amount of days my daughter stays at mine, me ex has stated to cms that she sometimes stays at my mothers on my weekends and this has lowers my total number of nights.
So firstly how can cms prove this,
second I was under the assumption cms use an average number of nights to work the payments.
Can any one help on this matter
Cheers
I think if the number of nights is disputed between parents, the CMS will take the default position and make the calculation on one overnight per week.
All you can do is to dispute her claim and state that your child visits with you but is still under your care, whether they accept it is anyone's guess to be honest.
I am going through the same just now, previously I had a family based agreement in place but it only takes her to pick up the phone and disagree with the money.
CSM rules from what I have learnt - They will contact HMRC and what ever number they give the CMS that's the number they use to work out the amount you pay (Gross after pension contributions)
Stupid as it seems they worked out my annual totally incorrect because I had done a lot of overtime, when I said I don't earn as much as they quoted they stated that unless it was 25% of a difference they will go ahead and use the number given by HMRC.
The csm do still take the AVG amount you see the kid(s) weekly and use that. If they are staying at your mums on the days YOU have her they CANNOT say you have her less days as you have her in your care and not your partners.
Thanks that’s great, I was think along the same lines as that, they surely can’t use what they can’t prove.
The problem you have with contact is that neither you or your ex can prove anything, which is they have to take a default position.
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.