Child Maintenance- Shared Care advice please

[Fedupwithex]

My ex pays CMS. I went through them as he would just never pay on time or pay short and need to be chased for payment. This has been in place for a year and there have been many late payments, short payments, no payment when he was on holiday because “banking didn’t work” etc. You get the picture he thinks paying me is not only a favour but that I am a B&&£h because I used CMS. We are separated due to DV, he has new GF, no court order in place.
This year he has unsurprisingly attempted to reduce his payments by claiming shared care. He claims he has them 70-80 nights a year, hw has them about about 30.... I’ve told the CSA that based on his 4 week rota at work the most he has them is once a week in a 3 week period and then not at al. 36 per year, I then added (to be fair) 10 days for ad hoc childcare in holidays. CSA put this on file.
So my question is how likely is it he will get away with lying? Sorry for lots of information I wanted to not have to drip feed :-)

[Fedupwithex]

Any help?

[Blankscreen]

As far as I now they ask for evidence in our case we provided evidence of phone messages.

Do you have any photos on your phone of your DC when they were apparently with him?

[OhamIreally]

They won't take his word for it. My ex has tried this twice. I have calendar records of every night my ex has DD but CMS simply say that if it's not court ordered they will take my word for it.

[Stann86]

Had this in reverse where my partners ex said he didn't have his son any overnights, despite having him at least 2 nights every week if not more. He submitted screenshots of texts and emails from both of them (which included her number on or email address timestamped) which was accepted as evidence and CMS ruled in his favour.

[Fedupwithex]

Hi all, thanks for advice. He started sending fake emails saying “I’ve counted I had them 76 times this year” in an attempt to start a fake thread. I called CMS and they no longer accept emails or texts as evidence. Even thought this wouldn’t be real as he has as mentioned had them about 30
Times max. They take court orders or verbal conformation only, roll on 20/1 when he finds out and also gets told to pay the outstanding amount from December

[Blankscreen]

How can they not take emails as evidence. Dss step mum is lying that she has had him when she hasn't.

How can you deal with a bare faced liar?

[Stann86]

I think it all depends who you speak to at CMS to what evidence they will accept -I am not sure half the staff there know what they are doing, it's a real Russian Roulette experience when you call. I can assure you that 2 months ago emails and texts were accepted. Upload all online. In the booklet sent out CMS also say when there is a dispute they will often go down the middle if no evidence to the contrary. E.g. if you say 1 night a week and they say 3, it'll be calculated at 2.

[Fedupwithex]

Hi, I didn’t mean to ruffle feathers, perhaps they do take them in certain circumstances. I however asked about mine and they said as I stated he does not have them that much then he cannot prove he does. Perhaps his form of missed payments also goes against him? I’m sure it is very Russian roulette as I found out originally when they asked him if his salary was (used previous much lower paid job) and he said yes, they based it off that and then had to do recalculation. I will just go direct pay if he carry’s on messing around, it’s just power with him. If others have said that there partner has child more then a court order probably would make sense in case the other parent pulls contact.

[Stann86]

Direct pay will cut how much you get by a couple of % but for the security and knowing you are not under his control then I'd request it now. I can't believe they asked for his income! Thats just poor work when they have access to the tax records and he is legally required to inform them of any changes of +/- 25%. Week after week theres at least one thread over the dire state of CMS and its just so frustrating to read as its the child who suffers in every case! I really hope you can get it sorted. Genuinely we've found it better using online to report any changes or discuss anything as at least then there seems to be continuity in how its dealt with. Phone calls just seem to be a waste of everyones time and don't ever seem to sort any of the issues out.

[Fedupwithex]

That’s exactly it. Apparently they also can’t request to stop direct pay before being on it for 6 months too