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[Solved] Going for 50/50 to avoid paying maintenence


Posts: 6
Registered
(@anon1235)
Active Member
Joined: 2 years ago

Im in exactly the same scenario and was wondering how this all panned out? Did the courts hear your evidence in relation to the only motivation being to reduce child maintenance and did he get 50/50? Worries sick so would really appreciate a reply- thanks in advance

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Posts: 11890
(@dadmod4)
Illustrious Member
Joined: 15 years ago

The first question I would consider is whether he genuinely wants increased contact for the right reasons.

In my opionion, you have to tread carefully when it's about maintenance - unless you have concrete evidence that the only reason he is going for 50/50 is to reduce maintenance, then it could end up backfiring on you. It may be that you could counter with more contact, but stopping short of the shared care - after all, if he is given just short of 50/50, if it's not about the maintenance, why would he say that it's not acceptable. 

Hopefully others with more experience of this will be able to give advice on this.

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Posts: 6
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(@anon1235)
Active Member
Joined: 2 years ago

He has stated he wants our child 50/50 so no maintenance. It also has only come up as a result of CMS becoming involved - the accessed he should pay £10 a week based on £10k of annual income then when it went to investigation they found a further £100k of income. This took 5 months and in that time the whole 50/50 was dropped but then the threats started again as a result of the CmS investigation finding £100k of declared income and his payments being significantly changed as a result. Surely thats enough evidence to prove this is just for financial gain

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Posts: 6
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(@anon1235)
Active Member
Joined: 2 years ago

I have this evidence in writing and its been stated to me multiple times. Although then dressed up to being in the Childs best interests but no statement of the real reason why its in his best interests. He also signed an agreement after we split up drafted by a lawyer very clearly outlining our child is to reside with me and with his contact as per current arrangements. He has 2 DUIs and a history of substance abuse which i have some evidence off as well

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Posts: 6
Registered
(@anon1235)
Active Member
Joined: 2 years ago

@mumofboys I would be extremely for your response on where you landed with this via the courts?

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