Change in Contact Order - what form??

Hi

I'm sure this will have been asked several times in the past but when I search online I get varying answers.


I currently have an order that allows me to see my son every Wednesday for 3 or so hours (pick up from school and then drop off back t his home), and then every alternate Friday overnight (pick up from school and then drop back at his home around tea-time the next day).

Over time this has evolved considerably (without any amendments to any orders, just agreed between me and the ex-wife).

So I have him every Wednesday overnight (pick up from school and drop back at home the following morning) and every other weekend (pick up rom school on the Friday and then back at school on the Monday morning).

So far so good.

BUT she is trying to get more money out of me and has involved the CSA/CMS. They have doubled my payment because she is telling them I have my son overnight 1 night a week rather than 5 nights a fortnight.

My CSA/CMS adviser has told me that the only to get this rectified is through an amendment to the existing child contact order.

So, my question is this...what form do I use?? Do I/we have to go through mediation again??

Any help, advice o general direction pointing is appreciated.

Hi Alexander, welcome to Wikivorce; I am sorry to hear of your issue.


Unless this increase in maintenance is leaving you seriously out of pocket, you are probably best advised to leave it alone. Contact is obviously working well and increasing, and you don't want to do anything to return contact levels to that of the order or even lower.

You could appeal the CMS decision; if you can prove the extra contact they should accept it - a further order, which will cost £215 for the court fee, shouldn't be necessary. They hate appeals because of the hassle and sometimes you can negotiate, although they have been known to threaten to increase a liability to discourage appeals. If you were to adjust the amount, however, it is likely your ex would reduce contact again in order to get child maintenance increased, and you don't really want to get into that pay-per-view game which won't be in the best interest of your son.


Cotinuing to pay the increased amount may stick in your throat and seem very unfair, but in the long term could well be in everyone's interest.