[Msw3851]

Are you and the kids other parents both working full time? The reason I ask is that I was paying my ex maintenance and have now stopped – only as recently as last month. I rang CMS and explained my circumstances. I paid my ex the payment every month direct. I have my son between 12-13 nights each month. My ex’s salary is higher than mine, so I proposed that I stopped paying her CS and if she wanted to pursue it she would need to go through CMS, however I would be able to lodge a counter claim – which would result in her paying me. This is what CMS advised me of last month. I proposed this and my ex accepted, albeit begrudgingly. Hope this helps

[Msw3851]

Thanks JBee9, really appreciate your help. I actually spoke to CMS and explained the situation in its entirety and they said that I don’t actually have to pay anything to her. They said that she can make a claim through them to force me to pay however I can counterclaim – and her salary is higher than mine, plus she gets further allowances on top of her employer due to working unsocial hours. So the plan of action is to tell her all of this, that she can get the same info from CMS rather than just taking my word for it and the options are to either make claims against each other (if she gets them involved) or we don’t pay each other anything. They also said 50/50 isn’t the main factor.

[Msw3851]

Thank you for responding. So in my case, am I correct to assume that 12 nights per month would not be viewed as equal day to day care?

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