Child maintenance. Ex has counter claim as main carer

[debelost1]

Just seeking advice on how I can prove I'm the main carer for DD as looks like the ex has told the CMS he's now the main carer as we've moved to shared care 50/50

Split up 4 years ago due to domestic violence and non mol against him. He saw DD once a week overnight. Maintenance was claimed and paid on time each month until 12 months ago. As she's got older she's wanted to stay more and agreed she could due to school so it works out 50/50 annually so I sent an updated claim in June to inform them of the shared care and missed payments as he stopped paying and not contributing to anything at all towards her care. I pay dinner money, sporting activities, all clothing and shoes, school trips etc and text to ask for half and he ignored me so I've requested collect and pay.

Today I've received the letter to say payments will stop as he's stated he is the main carer now and I have to prove I am! How does this happen and anyone Else been through this as no court ordered care agreement just mutually agreed the days she stays. Also to be noted I do all holidays with her and not once in 4 years has he taken her away or done activities during hols.

Thanks in advance for any advice given.

You said you do the lion’s share of the school
holiday care (overnights too?) . If so, this is not a 50/50 shared care situation and maintenance will be due.

also, I know how hard it is to see your child go without but I really would not be paying for clubs on his time. Nor clothes. If you arrange changeover day on a school day and ensure changeover happens at school, that’s better. As at the very least you have one complete set of uniform ;)

I think your only option is to apply for a mandatory reconsideration with cms then you will have the opportunity to put forward your evidence to prove that you are the primary carer. You will have to apply within one month from when they made their decision. I think you get two opportunities to request mandatory reconsideration. If that is not successful you can then apply for a first tier tribunal with HM Courts & Tribunal service.
I'm going through this currently although it is my ex husband who has applied for this in our case.

You need to get all your evidence together- recipts, letters from Dr, dentist, school etc proving children are registered at your address, any text messages between you and op proving that you are primary carer. Absolutely anything you can get your hands on to prove it.

Good luck.