CMS

[AnonRon]

Long story short but my partners ex has lied to the CMS how many nights a year he has his kids overnight.

What complicates it is there is a court order in place that averages out he should have his kids one night a week. Which over the course of the year by the time he factors in holidays (always when he should have the kids) and goes to weddings which he can never take the kids it always fall short.

Because the maintenance has jumped up now (in line with his pay) lo and behold after 2 years of paying for less than 52 nights he has told them he has them 52. What are my options?

I also now know that the kids will be dumped on relatives at every opportunity. So what happens if I can prove on his 'allotted nights' they are staying with his mum for example. Surely this night doesn't constitute as a night with him?

I'm raging to be honest and feel like exploding but done well to keep calm all week.

If they are with a babysitter during the time with him that still classes as time with him.

If the court order averages out that it is one night a week I think you will find it hard as the onus will be on you to prove otherwise

Of course people babysitting counts, its up to each parent who looks after their child when it is their time with them.

You have no options unless it goes back to court.

My ExH has 26 nights a year in our court order, I can offer more but don't have to. Even though I use childcare and leave her with my mum overnight sometimes that still classes as my night and he can't say "Well I was available"

Can you not just call CMS?

As for nights he’s with someone else, if he’s arranged that surely that’s his call? If you didn’t have them for the night would you give the maintenance back?

Could he can swap nights he can’t do for another night instead to make it up?

Was a genuine question we didn't know the answer too. What's more disheartening is that for two years he has been repeatedly told if any of his family wanted them at any time they could.

Now all of a sudden it's no issue. Boils my blood.

Do CMS view the year as financial or calendar? We have stone cold proof he did not have them 52 nights last year, already this year he hasn't them that amount (never asks to have them elsewhere either).

Thanks for your quick replies too

Tax year, so April to April

Foxmuffin - Those offers have been on the table for over 2 years yet he has never taken them. To the point we gave up after 6-8 months.

Don't think anybody should have to have their own children impressed on them, surely they should want them? It's a burnt bridge as far as we're concerned.

Totally understand the points regarding everything else, as said it was a genuine question. We've spent 8 nights away from the kids since about September 2016. Of his 52 nights a year he manages to lose about the same amount through holidays, weddings, birthdays or my favourite one yet his own wedding planning.

Thanks you win again.