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Hi
So I have my kid weekly, mixed days which is usually organised on the Sunday of the coming week.
Nothing has gone to court yet.
Because I work shifts. I'm able to have my kid 4 full continuous days and nights and then my ex can have her 4 full days nights.
My ex is being awkward about me having my kid overnight, she says because of school nights or routine etc but truthfully I think she is motivated by child maintenance payments.
So she doesn't want me to have her overnight, or very rarely.
If I contact child maintenance and explain that I offer to have my child 4 full days and nights a week, but she won't let me.....will they back me up or will they just not be bothered.
If I can get child maintenance to support me as ive offered and its her choice to decline me having my child overnight, then all my issues will be resolved.
Cheers
Luke
Hi,
Often CMS will ask for evidence such as a court order, about overnight stays. Without one it can be very difficult dealing with them.
@bill337 to be fair I believe this, surely in a fair world that should work both ways that if there is a dispute then they should wait until its gone to court.
I'm wanting to try for a consent order but I dont think my ex will agree to 50/50 care even though I can do it with my shifts.
@lukepaul1987 this is CMS position:
Q: What if we can’t reach agreement about shared care?
A: If both parents agree in principle that they share the care of a child
or children a paying parent must pay child maintenance for, but cannot
agree on the number of nights, then we may make an assumption of
shared care of one night a week. We call this ‘assumed shared care’.
This means we reduce the amount of child maintenance that must be
paid for that child by 1/7th.
This decision will not change unless both parents reach an agreement on
shared care.