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Overnight Stays

  • C. J.
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21 May 12 #332013 by C. J.
Topic started by C. J.
If both parents have agreed dates between themselves that equate to 52+ nights per year but when contacted by the CSA to verify this, one parent says that it''s incorrect how do the CSA come to their decision?

My fiance has sent in a calender schedule to the CSA marking off all the dates that have been agreed but the ex is stalling on this.

In addition, do the CSA back date overnight stays that have already occured? My fiance had his children overnight 14 times last year before the ex stopped contact and he got it reinstated again this April.

  • MrsMathsisfun
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21 May 12 #332090 by MrsMathsisfun
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Does your partner have a contact order stating the amount of contact?

I would send that and all the evidence of whats been agreed.

Not sure how the CSA decide if it the word of one partner against another but I would think a court order would have considerable weight.

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21 May 12 #332107 by C. J.
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Yes there is a contact order however the judge has tried to encourage them to communicate more by giving them an ''open'' order and telling them to go off and agree dates.
The court order states 1 night per fortnight, with 2 nights commencing in the summer plus additional dates to be agreed between parties.

It''s starting to get stressful as mum keeps changing dates. However despite this they still equate to more than 52 nights.

  • Child Maintenance Options
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25 May 12 #332898 by Child Maintenance Options
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Hi CJ

Thanks for your post on overnight stays.

You are correct that if the child stays over 52 nights per year with the non-resident parent this will impact the child maintenance payment calculation. This is known as shared care. Wikivorce has a child maintenance calculator which can give you an indication of the child maintenance you would be liable to pay, if you were to use the CSA. www.wikivorce.com/divorce/Child-Maintena...-Tools-and-Forms.htm

On the issue of the number of nights, the CSA will take evidence from both parents and any other evidence available to try to come to an honest understanding of the number of nights a child stays with each parent. The CSA will then make a decision on how much shared care should be taken into account in the maintenance calculation, based on all the evidence that has been provided.

If your fiancé would like to discuss the other child maintenance options open to him, then he can call Child Maintenance Options on 0800 988 0988 or alternatively, contact the CSA office on the top of his CSA correspondence letter.

  • C. J.
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01 Jun 12 #334472 by C. J.
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My fiance has received a letter from the CSA saying that he is not entitled to a reduction for overnight stays because they do not work out to 2 nights per fornight.

My fiance explained that his contact is a bit sporadic in that one weekend he''ll have them 1 night but then the next time he''ll have them 3.

How can he be denied a reduction when the overnight stays still equate to over 52 nights per year regardless of the pattern in which the overnight stays occur?

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07 Jun 12 #335499 by Child Maintenance Options
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Hi CJ

Thanks for the post.

In making their decision, the CSA will have reviewed all the necessary evidence they had available. Was your fiancé able to provide documentary proof of the days when his children stayed with him?

I would suggest that he rings the CSA and asks them to review their decision and if he can prove the nights the children stayed with him, then he provides this information.

This proof can be in the form of a calendar or diary. When parents provide conflicting written evidence, the CSA will make a decision on the balance or probabilities.

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31 Jul 12 #346361 by C. J.
Reply from C. J.
My fiance has had his second attempt at a reduction for overnight stays refused by the CSA.

Despite the existing Contact Order stating that overnight stays will increase to 4 nights per month during Aug/Sep my fiance has been having them for 4 nights + since June.

He has submitted a schedule of the contact that was agreed with the mother to the CSA but she has stated to them that its not correct.

The CSA have therefore gone by what the mother said.

This month alone he has them for 7 nights!

What more can my fiance do to prove that he is having them overnight in order to get the reduction he is entitled to? Take photos of them in their beds?!

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