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Just had a call from the CMS and my ex wants the maintenance calculation updated, as originally it was based on me having my son one night a week, but for the past month or two she would not agree to overnight and the current court order is every other Sunday (day time only) until the final hearing mid September. My ex now wants the calc updated based on zero nights! I told the case worker that is should stay on 1 night, and in mid September I should get what CAFCASS has recommended which is every other weekend and half of holidays which will be over 2 nights on average (this will trigger a reduction). I said it was wrong my ex can restrict access to gain financially.
The case worker said they would review and get back to me.
Has anyone else had this during court proceedings?
It is common for mothers to try and have payments increased on this basis, IMO it shows financial motivation and you should mention this to court in any statement. Finances and children are separate issues but it doesn't hurt to mention that you feel there is some financial motivation. At present there are no overnights so don't be surprised if the CMS increase your liability based on the current court order.
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