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CMS - equal shared care and tribunal

0 replies

Kiaora1804 · 05/04/2023 09:34

Hi all,

I'm hoping for some advise or reassurance really so hoping the wise people of Mumsnet may be of assistance!

Ex and I split up 6 years ago when DD was 1, she's now 7. Over those years we have had an informal agreement of days / nights which are split. However on a regular basis he will request changes to the plan to accommodate his own hobbies, holidays etc.
It got really nasty last year following a change of circumstances which resulted in me reviewing the previous 6+ months and seeing that due to his requests, care was split more 60/40 with me having her the majority of the time.
Based on this, I submitted a CMS claim which has been authorised and he now has to pay monthly. However he has since disputed it and has told me he will be taking it to a tribunal to prove equal shared care (which factors in more than number of nights etc). Can I ask what type of evidence he needs to prove this? What type of evidence do I need to prove otherwise?
Since the CMS he has been very rigid in the days/ nights he has her and has not requested any changes which I assume is to cover him in this circumstance. If the tribunal is successful and equal shared care is granted, can he demand the CMS paid to me to date?

He has form for trying to intimidate me, talking as if things are facts when they aren't and I feel like this is his way of scaring me. It's all very stressful for me with a lack of knowledge and support as well as two newborns to care for, and I don't have spare cash to seek legal advise yet so I'm hoping someone might have knowledge or similar experience...

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