Restricting shared care to increase maintenance payments

[Positivelymum]

I'm posting this for a friend who is a dad. He's paying maintenance but the mother is refusing to let him see his child so he's currently going through solicitors.
I remember when it was the CSA there was clause that payments were calculated based on how often the non-residential parent was offering to have the child, I think this was due to residential parents restricting the amount of care the NRP had so they had to pay more.

Does anyone if this is in place with CMS?
Thank you

[Sausagesinthesky]

nope. It’s overnights.

[BoohooWoohoo]

If that’s true then I can imagine a lot of arguing where RP claims that they offered (or they offer a time that NRP can’t make) and NRP denies the offer

[Positivelymum]

I meant more about NRP offering to have more overnights but RP restricting so they receive more money from maintenance?
Not RP offering

[BoohooWoohoo]

The Child Arrangement Order will list the times and days that the NRP has to make the child(ren) available.
There will be RP who restrict access to maximize maintenance and NRP who maximize contact to minimize maintenance.

CMS is percentage of NRP’s income with a discount for the number of overnights spent per year with child.

[SecondUsername4me]

@Positivelymum

I meant more about NRP offering to have more overnights but RP restricting so they receive more money from maintenance?
Not RP offering

If he pushed for this, the only person who actually loses out is his child. He needs to keep paying the CMS and keep pursuing access via the courts.