Court Order 50/50 day to day care not overnight stays

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  • #61586 Report

    John B
    Participant

    Hi All

    To cut a long story short my wife of 12 years left me for another guy, taking our 2 children with her. It’s been very difficult getting to see them mainly due to the dreaded child maintenance. My eldest son always wanted to stay with me more but wasn’t allowed just because it would affect the amount of maintenance she could claim. It’s been horrific the way she has been, e.g. making plans on the day they are suppose to come and see me, Saying if you go to dads you won’t have chance to pack so you can’t go on holiday etc (could write a book). So I went to court At the beginning of October.

    the court outcome was not exact 50/50 for over night stays (disappointed) but I’ve still got them a lot more than I was having them. The judge said that joint day to day care does not necessarily mean they have to stay overnight with the other parent.

    week 1 , 2 overnight stays, take to school 2 mornings

    week 2 , 3 overnight stays and 1 evening return, take to school 1 day

    They still classed this as shared care 50/50 day to day care of the children. How does this affect child maintenance please as the CSA just seem to base everything on overnight stays?

    #61611 Report

    steve3334
    Participant

    hi,

    did you send the order to CMS. what did they decide?

    #61636 Report

    John B
    Participant

    I am still waiting for the order to come through I spoke to the CSA and got 2 different answers, 1 person says it won’t count as it still goes on over night stays.

    Then I spoke to guy who said now she’s no longer the primary carer as its equal care the case will be closed. So I still don’t know what the outcome will be.

    Its been a long frustrating 18 months, the problem I have mainly had is my kids wanted to stay with me more over night and my ex wouldn’t allow it because she quit her job didn’t want to work, just wanted universal credits, the child benefit and my maintenance money. Our kids have been used as cash machines. Not acted at all in the best interest of them. The law needs to change.

    I am a dad who wants to be with them as much as possible, be involved in everything they do. It’s wrong to stop people like me over claiming maintenance.

    Fingers crossed my CSA case gets closed so I can spend the money on taking the kids out places and buying them things I want to get them.

Viewing 3 posts - 1 through 3 (of 3 total)

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