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CMS Tribunal when Care is Equal/Shared
#1
I have equal shared care, 50/50, Sun to Sun every other week which is also acknowledged via a court order after the ex pulled out of going for full custody. The CMS accepted this and declared CMS payments were N/A per their rules.

Recently the ex has filed for the case to now go to a tribunal.

My assumption is that she is counting days and thinks because they now don't add up equally because i have allowed her first refusal to look after the kids if i have for example a friends birthday or business trip therefore she should be entitled to payments. From what i have read is that if we have an agreed equal shared care plan what I do with the kids during my time is irrelevant as thats life and people in general use babysitters/family all the time.

I also pay absolutely everything for the kids e.g. schooling, uniforms, activities, clubs, school trips, lunches etc... nothing is split cost wise.

I also still live in the family home local to the kids friends and school...she doesn't.

Anyone experienced anything similar and what was the outcome? My understanding is when a court order is involved that is that and the CMS can't ignore that and a tribunal will struggle to suggest otherwise.
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#2
(11-30-2017, 06:57 PM)boyce57 Wrote: I have equal shared care, 50/50, Sun to Sun every other week which is also acknowledged via a court order after the ex pulled out of going for full custody.  The CMS accepted this and declared CMS payments were N/A per their rules.

Recently the ex has filed for the case to now go to a tribunal.

My assumption is that she is counting days and thinks because they now don't add up equally because i have allowed her first refusal to look after the kids if i have for example a friends birthday or business trip therefore she should be entitled to payments.  From what i have read is that if we have an agreed equal shared care plan what I do with the kids during my time is irrelevant as thats life and people in general use babysitters/family all the time.

I also pay absolutely everything for the kids e.g. schooling, uniforms, activities, clubs, school trips, lunches etc... nothing is split cost wise.

I also still live in the family home local to the kids friends and school...she doesn't.

Anyone experienced anything similar and what was the outcome? My understanding is when a court order is involved that is that and the CMS can't ignore that and a tribunal will struggle to suggest otherwise.

You are correct in saying they should go with the Court Order, but when someone says the arrangements are not being followed, or was changed by agreement, it can cause an issue, with CMS normally saying to the parent the other wants to be paying, prove your contact.

The whole system needs looking at.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
Hey both

Your ex isn't a baby sitter so if you 'offer' her extra time above the 50% (that helps you as well) would you not have to compensate her in some way... otherwise you'd be paying a nanny at your own expense ... so you can sort of see what she saying

If your care is 50:50 and you are keeping it within the 60:40 and throwing her a few quid to cover their dinner and breakfast when you on business trips... that seems sensible (my opinion). If you leaning on her and its 66:33 but you give her nothing for the swing ... then maybe she has a point.

Agreeing 50:50 and doing 50:50 are different things
"Being a good father, for its own sake, does not require your ex to see it or agree"
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#4
The ex always says she wants the kids as much as she can, so i allow her that opportunity if it ever arises, i don't have to but i do.

It is (or is meant to be) a mutual agreement as we have. Not to then deceitfully use it as a way of counting additional days and using the kids as pawns so she can capitalise on it shouting to the courts she has had them more. It is Sunday to Sunday every week, 7 nights each with the very odd night thrown her way (or mine) now and again, not often, maybe once every two or three months. I could very easily use a friend or grandparent or aunt/uncle instead.

It's worked out 47% vs 53% since May.
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