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I have a court order in place but my sons has said to me it is up to him when he sees me. He is 13. I pay maintenance to his mother according to the court order that says I have him for 105 nights a year. I have not seen my son for 4 months as when it is contact time he has not been in school or had an email from mother saying he is ill etc.
I had a phone call from child maintenance today asking me if I don’t have any more nights with my son because that’s what the mother is saying. I said I’ve missed lots of contact but I have a court order which I have send to child maintenance.
Will I be liable for the full maintenance payments now as there was a reduction due to the nights my son stayed with me?
Can she take me back to court to get the court ordered cancelled as my son is making his own decisions now (alienated against me due to his mother)?
Hi,
I have heard a few cases like this, either a child refuses to visit or is turned against parent, so dad ends up paying full amount of child maintenance. I don't think your ex would be interested in returning to court to make any changes. Seems CMS will take her word for it. If you think child is being alienated from you, perhaps you could look at returning to court to address it.
CMS has to make the calculations following what the court order says unless you say otherwise. Don't talk to them, send the court order via portal and recorded email and demand that the follow their own rules.
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