[Solved] Staying overnight with non paying parent

Hi There,

I would say that you have responsibility for them for the 9 nights even though they will be with your sister, so I would say that 9 nights would be the number of nights to count

The they won't be with your ex for those nights so I feel they should be counted

GTTS

Hi there

That’s what I think too, that it should be the 9 nights. My ex is taking the “overnight” part literally and has said that if the kids are not physically with me then those nights will not count. If it comes down to the wire about the 52 nights she will go to CMS and I can’t see that process ending well.

In recent years this has never been an issue but due to changing jobs and her taking the kids away on holidays for 5 weeks over the summer my time with the kids has been reduced.

The bands for reduction in shared care are :
52 - 103 nights which is the first band. so even if it is 7 nights or 9 nights, The CMS calculation will be the same.

I found this information on :

https://www.nidirect.gov.uk/articles/shared-care-child-maintenance-cases

My problem is due to now working shifts I will see my kids less this year. If you count all nights they are with me it will be well over the 52. If you count nights where I am working nights and not physically there then it will be right on the cusp of 52. That’s worked out on my shift pattern until end of March. My ex will go to CMS and say I’m not paying the correct rate.

Also not seeing the kids for 5 weeks over the summer was hard. She took them away and I didn’t get any holiday time them then. We don’t have any court orders in place.

Hi There,

I would give CMS a call and ask them which way this would go, I have always found them really helpful, I know many don't but all you are trying to do is ensure you know where you stand.

GTTS

I did message them through my CMS account two weeks ago as I wanted an answer in writing. They haven’t replied yet. I will now give them a phone.

Unfortunately my ex can be pretty difficult at times. That’s why it will make my life easier if I have something in writing. It won’t be an issue next year as I’ll be able to spend plenty time with the kids but with the change of job this year I know she will say I haven’t had the kids enough for the 52 nights plus.

I’ll post once I get an answer. Thanks.

Make sure you keep us posted

GTTS

I contacted CMS and they confirmed that only nights I am physically with my kids “count” towards my nights for my maintenance calculation. Any nights that the kids spend with my girlfriend, or family, even in my own house, but I’m not there because I have to go to work, don’t count.

Thanks for everyone’s input.

Hi There,

Thanks for letting us know.

That seems so unfair,

GTTS

I agree, that seems ridiculous as if the children stay in your home with another family member, surely you are financially responsible during those periods. Sometimes I wonder if they make this stuff up!!

This sounds like a case where they are sticking to the strict interpretation of the wording, that than the intention. It does sound very unfair.