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I am new to this site and forum, so forgive me if I am going over old ground. I am hoping someone else has come across the same problem as me and can give me some helpful advice: My wife left me, taking our 3 children
My kids are, now, aged 8,10 & 12. Since my wife left the family home 2 years ago,we have had the following mutually agreed care arrangement:
I have the children Monday, Tuesday , she has them Wednesday and Thursday. On alternate weekends we each have them Friday, Saturday and Sunday. That works out at 50/50 in my book. I also pay my wife maintenance for the children as per the on line CSA calculator.
After 2 years apart we have started divorce proceedings. My wife has now contacted the CMS and told them that I have the children only 2 days a week. This means the maintenance payments will treble.
When I contacted CMS, they said that I can only have the care times corrected if my wife tells them it is wrong or I can show them proof, to which my wife has agreed, that I do have them 50% of the time. My wife however doesn't have to provide any proof. Is this the case?
Quite simply yes.
If your ex opened the case, then the CMS have to take her word for it.
From what you say, you split the children 50/50.
I would go to court immediately to get a contact order confirming the above contact schedule.
Can you ask the CMS what constitutes proof of overnight stays?
Perhaps some photographic evidence, your children in bed with the days paper with date showing in the shot!
It's a big problem and grossly unfair!
Hi,
I'm not sure if this is still the case but CSA wouldn't accept my court order as proof of what overnights I had my son, I ended up logging each night he was with me throughout the whole 12 months in order to get the payments reduced but had to pay the higher amount for the 12 months while I was logging my time.
It is an awful rule and is open to abuse.
GTTS
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