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Ex stopped all contact for no reason so went to court. Cafcass advised contact restarted again but ex relied on this being advise not an order so gave contact 1 night a month. After constant re arranging of court dates finally had final order and son is with me 1 weekend a month and school holidays due to distance. I contacted cms as soon as 1 night a month started and again when usual contact resumed so 80 nights roughly but had no updates from cms. I called and they said that they were waiting on resident parent. But they have the court order and its been 2 months since they stated they would have a decision? I have continued to pay and will but in anyone's experience will I see the overpayment again? And why is it taking so long when it's black and white?
@Ollieo. It's not unusual for one-party to use delaying tactics to try and buy time. As things currently stand, if you 'reported a change' request in relation an uplift in overnight contact (e.g., from no band to Band A), the CMS is taking 11-13 weeks to process requests. This time period should include 14 days for your ex to provide any evidence request.
Hi,
I think 1 weekend (1 overnights) a month will not qualify for a reduction in payments. When I was going through courts it started off as 1 night, every other weekend. CMS told me this does not meet their threshold for shared care, as it's not 1 night a week on average.
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