[Solved] Help and Advice Required

Hi there,

Unfortunately, where there's a dispute over the number of overnights the CMS will revert to the fall back position of 1 night per week.

From what you say, even if you factor in four weeks of nights (28 nights) and add it to 6 nights a month (72 nights) that would only bring your total number of nights to 100 which falls 3 nights short of a bigger reduction.

Here's a chart to explain...

Thank you for the reply

I had monitored my access from last year and calculated my access to 113 days per year over holidays, Christmas etc including the normal access I have over weekends . This is where the dispute was raised with CSM but due to the reported nights from my ex being only 72 the CSM will only take into account now 52 days per year. This is where I am unable to dispute their findings and finding it hard to challenge

Without a court order that indicates the number of nights, or the mothers agreement, there's not a whole lot you can do about it I'm afraid....sorry mate.

52 nights up to 103 nights would see the same 1/7th reduction... at 113 you're 10 nights a year over, which equates to less than 1 a month...I guess you have to weigh up, what's best for the kids in this instance... I think it's a matter of sucking it up, im sorry to say.

Many Thanks for your advice. Will be pursuing a legal response by the sounds of it .. Many Thanks again

I don't know what 1/7th reduction equates to for your maintenance calculation, but I I can advise that legal action is no walk in the park, it will cost your into the thousands if you instruct a solicitor/barrister, a few hundred if you self represent, but the cost emotionally is huge.

When family court proceedings start, many mothers suspend all contact, yes they can do that. There's also no guarantee that you'll get the same amount of time as you do currently, although the fall back position of the court is usually alternate weekends and a share of the school holidays.

Please weigh up your situation and don't let your pride and annoyance steer you into making the wrong call.

Thank you.. I guess the legal route was only a consideration as it seemed CSM were adamant that they would only accept either a court Order or Solicitor Based Agreement to justify the actual amount of days I have my children..I had not researched this option as yet and did not realise that it could be so costly.. Does this normally come with options of Mediation to try and resolve this amicably if I approach my solicitor?.

You can arrange mediation, either through your solicitor, or through the mediation service, here's a link

www.nfm.org.uk

Best of luck

I have to agree with Mojo in that it doesn't sound worth it going through the courts to get a just child maintenance arrangement if the difference is only 1/7th. While the court process itself can be drawn out, it does have the advantage that once you have an order in place, the ex needs to start playing to a different tune, and there's a certain value in that. But in your circumstances, I personally wouldn't do it unless you're considering giving up some work hours to spend more time with the kids, in which case it would be worthwhile.

If you are just concerned that you're paying more than you should in maintenance, another option is to make a sensible pension contribution. It won't reduce your liability by much, but will give you some peace of mind for the future.

Many Thanks 'Superprouddad' and 'Mojo'. All the advice is greatly appreciated , and I believe mediation is the best starting point to resolve any issues with child access first. Great point about the pension contribution also and will consider that option also .
Great Help