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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Overnight Stays

  • Child Maintenance Options
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15 Aug 12 #349591 by Child Maintenance Options
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Shared care is calculated by looking at regular overnight care provided in weekly patterns over a 12 month period. Only the actual overnight care provided by the parent who is expected to pay child maintenance can be included within the calculation. This means that contact arrangements, either ordered by a court or agreed in writing, are only evidence and not proof of the care situation.

If you can prove your ex-partner has given the CSA false information which resulted in an over payment by you, the CSA may be able to claim the money back from her on your behalf or take any over payment into account in your future payments.

  • C. J.
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17 Aug 12 #350115 by C. J.
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CMO,

Thanks for your reply, however we are still confused!

If a court order stating overnight stays is suggested evidence but not proof that the overnight stays are taking place, what further evidence do you require to prove that the children are staying over? Photos of them asleep! ;)

A calender schedule was sent to the CSA but as the ex has denied that 4+ nights are taking place on a monthly basis, they have taken her word for it over the fathers.

Surely this shouldn''t be so difficult?!

  • WYSPECIAL
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17 Aug 12 #350117 by WYSPECIAL
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Your best bet would be to appeal it and ask a tribunal to decide.

I would also write to the chief exec and copy in your MP complaining about the lack of service.

  • Fiona
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17 Aug 12 #350118 by Fiona
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Often circumstances change and many parents have court orders which don''t reflect the reality of the situation. So court orders are evidence but not conclusive proof of overnights.

  • C. J.
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17 Aug 12 #350122 by C. J.
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So what is condidered evidence then Fiona as this is ridiculous!

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17 Aug 12 #350126 by stepper
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My son had his children for over 50% of the time for the first 12 months they were separated. I kept an accurate contact list of the nights he had them. I still maintain it. His ex. disputed the contact list and so it is going to appeal. For my son, it is a matter of principle and honesty. The shared residence was taken into account, but my son was informed that if his ex. disputed it she would be believed as there would be no proof he had had his children, despite the order.

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17 Aug 12 #350153 by C. J.
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Well my fiance is seriously considering taking photos or recording his children in bed just to prove that they are staying overnight on the nights the ex claims they are not.

Will the CSA really condone exploiting the children like this just in order to supply what they deem to be ''evidence''???

The CSA clearly need to think up a better strategy because if a court ordered document isn''t proof then they need clear guidlines as to what they will accept as proof in order to grant a variation on overnight stays.

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