Shared care child arrangement order and child maintenance

[Sunnytimes21]

Hi all, ds 16 hasn't been to his dads at all since August (after his dad kicked him - reported to police, statement given by ds). Previous to this it was 50/50 under a child arrangement order.

I asked his dad twice whether he could contribute something towards feeding ds, college etc, was ignored. So I've opened a child maintenance claim.

Does anyone have any idea on how difficult it will be to get any help from child maintenance once he whips out the child arrangement order? On paper it looks like ds does live there 50/50. But he hasn't set foot in his flat since August. Thanks in advance

Who made the child arrangement order? Was it done by a court? I would tell CMS he has him zero nights and if he mentions the arrangement order then you let them know he hasn’t been honouring it and DS hasn’t been in a few months. Make sure you’ve got evidence he hasn’t been because his dad definitely won’t have evidence he has been there

Yes, it was court ordered after the ex didn't return ds after contact a few years ago.

I've told them he has him zero nights on the child maintenance application. I'm not sure how I'd proove he hasn't been to his dad's, unless they'd take ds word for it.

When I changed my DD to zero nights with CMS, they didn’t even question it they just took my word for it. Her dad didn’t fight it because he knew it was the truth. It may be different with a court order but either way you have nothing to loose, your DS isn’t going to his dads and his dad isn’t contributing financially. I’d just walk into as you’re currently getting nothing so if you end up gaining nothing, nothing is lost. I don’t think that will be the case though CMS will make a payment plan I’d of thought. Even if you have to tell the court he isn’t honouring the contact order I’d do that

In my experience, if the dad fights it, they will take the court order as evidence of what should be happening, over what you say is happening.

I guess potentially I'd need to go back to court to get the CAO revised considering DS appears to be quite scared of the ex (he was a DA perp to myself, so I get it).

When my ds 14 moved to me full time i applied for relevant benefits and ds signed a letter stating he did live with me and not exh. Ex counter claim2d over and over...I emailed my MP and it was sorted within a week..
I'm sure you'd rather not involve ds not needs must ime.
We had a 50/50 coort order.

Thank you, this is really helpful. I'd rather not ask the ex for anything, but I already work full time, times are tough and 16 year olds are not cheap!