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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Claire i have had a court order in place to

Resolved Question:

hi claire i have had a court order in place for contact to be every saturday 10-4 for my daugter with her father. the contact is supervised by his mum and sister. my ex has been missing anumber of saturdays as claims he has to work however CMs have confirmed there are no earnings in his name and cant claim CMS he has sent a text today to ask if contact can be moved to a sunday as he is working and if i refuse he will go court. i know he is buying and selling cars but doesnt show earnings can i use his request to my advantage and request 50.00 CMS standing order every wednesday and contact can be sunday if not rcved then contact will be saturday. as i can state if he takes it to court then i will request legal proof of earnings which he cant provide and hopfully agree to my suggestion

what do you advise

Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiYou do need to be a little less direct about this but the plan is fineI suggest that you say to him that you are pleased to know that he is working and on that basis you would like to suggest that you agree a family arrangement for maintenance.If he will not agree then say that if he is working then he can pay maintenance - an df he is not working then he can stick to the current contact arrangements!Clare
Customer: replied 1 year ago.

hi claire communication to my ex is via text through my fathers phone

can i request for you to offer me your charge of additional service as i want to write a few texts and then refer them to you and you can advise me which one would be appropriate as incase he refuses maintenence and then still goes courts to move contact i dont want to be portrayed as i blackmailed him

Expert:  Clare replied 1 year ago.
Just send them to me and add a bonus afterwards!
Customer: replied 1 year ago.

that is very kind of you.

i will certainly leave a bonus

in an nutshell i want to tell him that if you go court without registered legal employment you are not getting sundays so better that you that pay 50.00 and contact can be sunday and if you dont pay then contact will be saturday without sounding like i am blckmailing him or using my daughter as a bait to get money out of him.

The texts are sent from my father please see the below texts and advise which one appropriate:

(please edit if need be or create a text with your proper wording if my texts are not suitable)

1) sabrina has checked with CMS and there are no registered earnings or employment in your name so your reason to move contact on sunday for employment reasons is void and would be void in court however sabrina is willing to move it to sundays if you can provide evidenced of registered employment and earnings or you can contribute to a voluntry arrangement of child maintenence of 60.00 a week as then by paying cms you are confirming you are in employment which is sufficient enough for sabrina.

there will be claws that if no cms rcved then contct that week will be a saturdayy

Please confirm if you are in agreement of this

text 2:

sabrina states that since you are now in employment there should be CMS arrangement in place and sabrina suggests 50.00 a week and we can move contact on a sunday.

sabrina suggests a standing order to be set up for 50.00 every wednesday and contact will be every sunday. If payment missed then contact for that week will be a saturday.

text 3:

sabrina states that sunday is a family day and that is the only day sabrina has time with the kids as mon-fri is scholl and sport activities, saturday sabrina works and sunday is where sabrina conducts her family time with the kids however on the basis you want it moved for employment sabrina is in agreement of this if you agree cms of 50.00 a week trfrd every wdnesday and if no payent rcved then contact will be saturday that week.

text4:

sabrina is in agreement of moving it to sundays if you agree to pay cms of 50.00 a week with a claws that if no cms rcved by wednesday then contact that week will be saturday so this way there are no conflicts or disruption for anna and sabrina has her peace of mind that cms is paid

if you do disagree and take the matter to court then the court would want to see evidence of employment and earnings through HMRC.

please confirm if you are in agreement of this

Expert:  Clare replied 1 year ago.
HiI like number three - maybe slightly reworded Sabrina is pleased to note that you now have a job. Obviously it would now be appropriate to agree a financial arrangement for maintenance and she suggests £50.00 a week Sunday is a family day and that is the only day Sabrina has time with the kids, however on the basis you want it moved for employment Sabrina suggests that you have alternate sundays and Saturdays. Obviously if it turns out there is no employment then it will have to remain on Saturday
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