child maintenance changes

Hi,

I wondered if somebody could please advise me.

If someone has been paying child maintenance via standing order every month, PAYE based on government calculator with reductions for over nights ( based on 15 year old having week on and week off basis, choosing when they come and go. No contact order in place).
This has been working well for approx 5 years.

Now ex, contacted CMS saying she is not receiving enough and is trying to restrict father to 2 nights a week contact (which is not what the child wants or has been happening for the past 4 years ).
CMS have advised that they will take the claimants ''word for it'' based on only 2 nights a week.

How can this be proven?
Does ex have right to restrict contact(both have parental responsibility) against childs wishes?
Does a contact agreement need to be put in place for a child aged 15?(surely they decide themselves)

If anoyone could help here would very much appreciate

Thankyou

If anyone is available to answer any of the questions please, then I would really appreciate it.

Thanks

Contact and child maintenance are dealt with separately under different bits of legislation.

Parental Responsibility means both parents have equal responsibility and rights to carry out those responsibilities so living and contact arrangements need to be agreed. If no agreement can be reached either parent can apply to court for a decision.

The court would then consider the Welfare Checklist in s1 Children Act 1989, including the background, the effects of any change and the views of children according to their age and maturity. The wishes of a 15 year old carry considerable weight but Child Arrangement Orders usually remain in effect until a child reaches 16 so a 15 yo views still aren''t determinative.



Under the CMS rules any parenting agreement or the terms of a Child Arrangement Order court order may be used to determine the number of nights of shared care for the initial calculation. When there is no agreement or court order the pattern of care over 12 months (or a shorter period if CMS think it is appropriate) can be used, if it can be established.

IF the CMS accepts care is shared but there isn''t enough evidence to determine the number of overnights the CMS assumes the number of nights care is shared. This assumption is applied until a "supersession" is sought and there is sufficient evidence to determine the actual number of nights of shared care. You need to contact the CMS If you want to apply for a supersession.

Hope that helps.

Many thanks Fiona for your reply. Please could you explain what a supersession is?

Also, are you basically saying that child maintenance would have to accept that care and overnights are shred equally..... it is only that on the phone, they advised that they would accept the lower (2 nights overnight) based on what the claimant says)

Many Thanks

Survive

Hi, following on from this earlier post, does anyone know what a supersession is and has anyone exoerienced this or how to prove that a child stays with them 50/50

thanks

Survive

Keep a diary, receipts, anything that proves when son stays with you.

Supercession basically means a new decision replaces the previous one.

Many thanks for your response