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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4486
Experience:  LLB (Hons)
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I'm currently paying my ex partner £321 for CSA, which is

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Hi there, I'm currently paying my ex partner £321 for CSA, which is based on having my daughter every other weekend which would equate to 48 nights a year. However, I have a written agreement where by I have my daughter for a week during her 6 weeks summer holidays as well as a long weekend during her half term holidays. Am I right in assuming this will lower the monthly amount necessary since I have her for 52 nights + a year?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: We have gone through mediation
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in the UK
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The ex partner comitted fraud in my name and still owes over £600

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. Yes, the brackets for overnights are under 52 nights a year, then 52 - 103. If you have a court order defining the nights you have the child, then provide that to the CMS so that they can re-assess your payment. Your written agreement may be enough to persuade the CMS - but a court order would be concrete evidence.

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Customer: replied 14 days ago.
Would a written document from a family mediator be enough to prove that I have my daughter over 52 nights in a year? Or would it need to be court order?

It should be enough, but the CMS can sometimes be a bit odd and will state only a court order will do. So contact them and provide your evidence and see what their response is.

Customer: replied 14 days ago.
No problem. I'll get in touch with CMS

You're very welcome.

All the best.

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