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Hello all,
The following is an excerpt from the family court order regarding the child arrangements following my divorce.
For some time I've felt a touch aggrieved that I've been paying CM to my ex given childcare is at least 50%. IMHO I actually have them in my care more than she does given I have them most weekends, take them (and pay for) swimming and gymnastics. We have them an equal number of nights over a 2 week period.
Most of the time she has them they're actually at school - so actual waking hours looking after them (they're 6 and 8) I have them for quite a few more hours. The ex gets CB payment of course.
Before I consider the CMS route I'd appreciate any thoughts from the forum.
Wording follows
Subject to paragraph 11 below, during school term time, the children shall live
with the applicant and the respondent on an alternate week basis as follows:
a. Week 1
i. From Sunday afternoon (between 12pm and 3pm) until Thursday
afternoon with the applicant.
ii. From Thursday afternoon until Monday morning with the
respondent.
b. Week 2
i. From Monday morning until Thursday afternoon with the
applicant.
ii. From Thursday afternoon until Sunday afternoon (between 12pm
and 3pm) with the respondent.
10. Subject to paragraph 12 below, during school holidays, the children shall live with
the applicant and the respondent on an alternate week basis as follows:
a. Week 1
i. From Sunday afternoon (between 12pm and 3pm) until Thursday
morning with the applicant.
ii. From Thursday morning until Monday morning with the
respondent.
b. Week 2
i. From Monday morning until Thursday morning with the applicant.
ii. From Thursday morning until Sunday afternoon (between 12pm
and 3pm) with the respondent.
Hi,
I hope this is good enough for CMS to decide there is no maintenance to pay. They may ask for more evidence of equal day to day care like who takes kids to schools, doctors appointments, pays for clothes etc.
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