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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4659
Experience:  LLB (Hons)
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My wife has been lying to child maintenance about the amount

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My wife has been lying to child maintenance about the amount of nights children spend with me
JA: What steps has your wife taken? Has she filed any papers in family court?
Customer: I filed myself and we had a court judgement which confirms the agreement that the children have been spending 3 nights a week with me
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your wife live in?
Customer: london, Canary Wharf
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The judgement was not clear at all regarding custody arrangements, as my understanding was we had a 2 weeks alternative agreement which was very unclear.
Customer: replied 1 year ago.
The judge provided us with a judgement, however I have been told I cannot provide this to the child maintenance services in order that they can properly calculate the amount which is actually due to my wife based on 4/3 over night stay per week in her favour. She had told them the kids are only with me for 2 nights a week, which is completely untrue.

Hi, I'm Lea and I have reviewed your query.

What is the actual split of time?

If you have a copy of the order please attach it.

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 1 year ago.
Please see summary below: Monday to Thursday with mum, Thursday after school to Sunday evening with me. Sunday evening till Wednesday with mum, Wednesday after school till Saturday Morning with me. That ends cycle one. CYCLE 2 - Saturday Morning till Monday when cycle begins again with mum so that will officially end again on Thursdays till I pick them up after school. In a 2 week cycle, she has them its equal, however she appears to be getting the additional 2 nights before cycle one begins again.

Can I see the order please?

Customer: replied 1 year ago.
No actually I didn’t I know had to pay £44

I'm not going to call you, I am going to assist online.

Customer: replied 1 year ago.
Can I confirm there are no additional charges other than the trial charge which I set up for £5?

You will need to talk to customer services, I don't deal with the site's finances.

Customer: replied 1 year ago.
Ok, if the the information provided to child maintenance is incorrect and the judge have said I have to get authorisation from them before providing the evidence to child maintenance, does that seem correct especially has my wife confirmed she does not want any information divulged, clearly because she knows she’s lying? Where do I stand?

Yes, it is absolutely correct that you need permission from the court to produce the court order to the CMS.

Your wife won't have any say in the matter if you apply to the court to allow CMS to see the order - you will definitely get permission.

Customer: replied 1 year ago.
Oh that’s great, thank you. Can you advice how best to go about requesting the permission
Customer: replied 1 year ago.
My other question is, the judgment said a 2 weeks alternative cycle, my understanding was we would change over parents once both cycles were over but it appears that’s not the case. Due to lack of clarity, am in a position to challenge the decision as it was not clear from the outset?

YOu can apply on form C1, which you can find here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/866130/c1-eng.pdf

See the form for whether you will need to complete a MIAM before applying.

If you want to vary the order due to lack of clarity (and what you wrote was definitely unclear, hence me wanting to see the actual order), you will need to apply on form C100.

If you apply for a variation, you do not need to also apply for permission to reveal the order to the CMS, you can simply make that request once you are in court and it can be added to the order.

Customer: replied 1 year ago.
Ok, that’s very helpful. Thank you.

You're very welcome.

Customer: replied 1 year ago.
Please also bear with me as I have a couple more questions, however I want to make them as clear as possible. Thank you

I'd appreciate if you could take a moment to kindly rate positively as that is how I am paid for assisting you. Thank you!

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