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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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There. Currently the father of my children has our children

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Hi there.
Currently the father of my children has our children 2 nights one week and 3 nights the following. He has only been paying 15 per week maintenance since we separated. According to cms calculator he should be paying 80 per week. He has threatened that if i ever went to cms he will take me to court to get 50/50 access. Our 2/3night arrangement has been working perfectly for 6 months and it is only because i am asking for a greater contribution that he is now saying he wants 50/50 care. My question is how likely if he took me to court for 50/50 custody is it to be granted. I work part time to take our young children to school/ preschool. He works full time and would be relying on grandparents to do this when they are with him.
Hi, thank you for your question. How old are the children?In relation to the child maintenance, the amount calculated by the CMS is his legal liability - if he does not wish for you to submit a formal application then he can agree to the increase in payments voluntarily.If her were to pursue an application for a 50-50 shared custody arrangement, the court will have to consider his reasons for the application and decide what is in the children's best interests. The court will not find it acceptable that he requests for shared custody, yet cannot deal with day to day arrangements for them (such as the school run) if this is something that you are able to do. Your current arrangement of 2/3nights on alternating weeks are almost a 50-50 split of time between you and it will be difficult for him to argue that it is in the best interests of the children for this to change given his circumstances.Please provide a positive rating if you found this helpful. I will not be credited for answering your question without a positive rating. Thank you
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