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Our court ordered schedule is that I see kids Wednesday evenings, alternate weekends and half the non term time. Since Covid however the mum has unilaterally removed mid weeks, and whittled down weekends and influenced/bribed the kids so as not to come alternate weekends and only for holidays, during non term time. During this whole time I paid her monthly payments as per the CMS direct. When I was out of work, I got CMS agreement to pause monthly payments but carried on with school fees. When I was in work again, I resumed payments at the new CMS rate. Ex decided to notify the CMS that as a result of kids not coming +135 days per year i.e. 2/7ths, that she should earn more. I disputed this and said we have a court order which I am broadly in line with and you are also failing to uphold the order and impeding the kids for your own financial gain. Since she raised this with the CMS she has disputed the CMS’s sums and asked for this to be raised to a Tribunal which will be in January 2025. In the meantime I have also increased her monthly payment to above the CMS amount as a good will gesture to her and the CMS and hope they/she will accept that or less. However she hasn’t called off the CMS tribunal so I expect she is after more pay or some sort of recompense for the 6 months I was out of work and unable to pay. Does anyone have advice on this situation or on how best to prepare for the tribunal, what information to present and send in advance and generally how to ensure I present the best possible case. Oh I also forgot to mention since she started the tribunal, my daughter came to live with me and has been living in my home since October and yet I am still funding the mother with no questions asked.
hi,
unfortunately CMS will not follow the court order if its being breached and your spending less time with kids. you could apply to court to enforce order or perhaps increase your time with them.
are you claiming child benefit for child that lives with you? you should also report this change to CMS. in theory you can open a claim against her to pay you maintenance for that child's upkeep.
for tribunal advice I recommend you join this group for paying parents:
https://www.facebook.com/groups/239699060076601/?ref=share
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