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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

CMS payments increased now wants more nights

6 replies

CF14 · 29/08/2018 00:48

My ex has just been told he has to pay £570 per month CMS - he’s been giving me £350 for 8 months - low and behold he has now asked for extra overnight sleeps - he’s suggested mediation and has intimated court ( via a solicitors letter ) has anyone any experience of matters like this
Which solicitor should I use ?? I have no idea

OP posts:
OhDearGodLookAtThisMess · 29/08/2018 01:05

Not sure about the solicitor part, but does he fully comprehend that he can't just have the kids at bedtime, in the hope that his payments decrease. He does realise that he's going to have to sort collection from school, clubs, teatime, homework and bedtime, along with getting them up, dressed, breakfasted and off to school the next morning too?

HugeAckmansWife · 29/08/2018 07:43

Totally get where you are coming from but take a breath and think about why he CAN'T have more overnights. He's a parent too and in theory ideally should have 50/50 care so while it may very well be true he's doing it to avoid paying you would need to show that it's not in the child's best interest in increase contact. And I also agree with the pp that if he does this it's the whole shebang, not picking them up fed and bathed at bedtime and dropping them back before school.

crappyday2018 · 29/08/2018 08:12

While I agree that he is entitled to 50/50, its rather odd he's asking for more nights only now the money has increased. I think this says it all really. If he genuinely wanted 50/50 or more nights that he has been having, he would have been clear on that from the beginning.
Ask him how he intends arranging school/nursery drop offs and collections etc.

CF14 · 29/08/2018 10:49

We have been working around a minimum of 12 nights a month ( I work shifts ) so occasionally it’s more - he isn’t a bad dad he really isn’t but the same old has happened in that he has s new partner now and our once friendly relationship has deteriorated rapidly unfortunately- he will just alter his start finish times to work around school but frustratingly for all the children’s life’s I have been main carer , sorting childcare afterschool clubs etc etc - I asked for advice from a solicitor who said I wouldn’t even be able to mention at court about the request for more nights arriving five days after CMS increased payment - surely that can’t be right ??

OP posts:
waterSpider · 29/08/2018 11:01

If it really is 12 nights a month that is 144 a year.

The CMS child maintenance calculator recognises the following bands of overnights:
2 to 3 nights a week (104 to 155 a year)
3 nights a week (156 to 174 a year).

So at present he's getting 2/7 'off' the maximum amount for the 104-155 band. If it reached 155 a year that would be 3/7 reduction.

An extra fortnight in the holidays might be enough to do that? But obviously you need to think about the kids, your relationship, money, in the round ... If you don't, then he could (if being spiteful) pay the same child maintenance but REDUCE overnights to 9 a month.

CF14 · 29/08/2018 12:02

He wouldn’t reduce the number that’s a definite like I say he enjoys having the kids and is good I’m just angry now the payments have increased he asks for more time - I just don’t know which solicitor to use , was hoping for recommendations

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