Child maintenance query

Hi
My ex-husband and I have a child arrangement order (CAO) that stipulates our children (ages 14 & 10) spend every weds overnight with him, then takes them to school on thurs, and to spend every other weekend with him from Friday after work until he takes them to school on Monday. However our sons frequently choose not to visit their father. I consistently encourage them to maintain a relationship with him and explain the importance of doing so, but they often refuse to go. He currently pays child maintenance (not via CMS) based on the overnight stays outlined in the CAO. Given that the children rarely adhere to the schedule, I am considering reviewing the CM payments to reflect the actual number of nights they spend with their father and how the situation appears to be evolving. My question is: Should CM be calculated based on the CAO’s stipulated schedule, or should it be based on the actual number of overnight stays/visits? The CAO has been in effect since April 2023, but the arrangement only began in October 2023 when he moved out of the family home. Initially the children did visit (although there were challenges) but their visits have become increasingly infrequent over time. Unfortunately I anticipate difficulties discussing this matter with my ex-husband. He is not amicable and “co-parenting” with him is often challenging.

If it’s a private agreement then it’s completely up to you what you both agree.

How much difference will it make to payments?

If it was via CMS then they look at the evidence presented to them from both parties then make a decision based on that.

Check out how much it would be via CMS before rocking the boat as he may choose to go via the CMS route if payments are lower and if he currently pays any extras such as half of school uniform or activities you may find that all stops.

Hi, thank you for your response.

The agreement was via solicitors.

If I were to go via the CMS calculations based on the number of nights they have stayed with him vs the CAO stipulated days, it's an extra £164 a month.

Nothing to lose financially by suggesting to him that you want an increase based on the actual number of nights then.

When you say the agreement was via the solicitors has it been made into a court order? If so then it will need to be in place for a year before CMS can override it.