I’m after some advice as to what my chances of getting 50/50 are. Kids 12 and 13. Split from x 9 years ago and I’ve regularly seen my kids once a week on a weekend as I’ve always been busy with work. Lately I’ve started seeing them midweek which seems to be going ok. X has contacted the cms about allegations of me underpaying maintenance (she agreed yrs ago that she would accept my offer of what I thought was reasonable). I don’t feel she spends the money I give her on the kids. Anyway the cms are taking me to court for a LO to try and get arrears. I’m now thinking of 50/50. Tried mediation but x only offered me 5 days a fortnight plus holiday times. What are my chances of getting 50/50 if I apply to the courts?
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Chances of 50/50
- Thread starter 2WD
- Start date
Cheers for the advice. Will the LO with the courts affect my chances? I’m weighing the investment up of going to court via the outcome. So if the kids want more I’ve more of a chance but there’s also a possibility that I could just end up with what I’ve already got but making it formal? Thing is will they also expect me to have them half the school holidays if I go 50/50? This could prove more tricky as I’m not sure I could commit to that.
Cheers for the advice. Will the LO with the courts affect my chances? I’m weighing the investment up of going to court via the outcome. So if the kids want more I’ve more of a chance but there’s also a possibility that I could just end up with what I’ve already got but making it formal? Thing is will they also expect me to have them half the school holidays if I go 50/50? This could prove more tricky as I’m not sure I could commit to that
CAO ( child arrangment order) is seperate from any legal action the CMS will take to try and get percieved arrears so shouldnt effect what eventual Order is given.
If you get an order then its formal and ex is less likely to muck about with your time.
iF you go 50/50 then say you cant care for kids half of holiday, then its not 50/50 and will work against you in court. Also you will owe some CMS as you cant commit to 50/50
IF your willing to go LIP during court then no costs except application.
I would have a very honest chat with kids about what they want, then work out exactly what time you can commit to then consider if court is worth it.
If you get an order then its formal and ex is less likely to muck about with your time.
iF you go 50/50 then say you cant care for kids half of holiday, then its not 50/50 and will work against you in court. Also you will owe some CMS as you cant commit to 50/50
IF your willing to go LIP during court then no costs except application.
I would have a very honest chat with kids about what they want, then work out exactly what time you can commit to then consider if court is worth it.
To be honest, the court are very unlikely to award 50/50 when they are 12 or 13. Or even make a firm order. The outcome will be primarily based on what your kids say they want, and unfortunately, Mothers can pressurise them to say certain things. So that wouldn't be a great situation for your kids either.
So has the alternate week-ends and midweek time been informal so far? A court application could make your ex very hostile and you might lose that. Personally I would stick with what you've got. By the time they get to 14/15 they really can decide for themselves what they want to do and no court would enforce an order for a 15 year old unless there were very extreme circumstances (never heard of it myself).
I would just focus on the CMS situation and deal with it. I'd start another post about that as you might be able to appeal. But if they say you've underpaid, you have to pay the bill and argue the case after usually.
The ex isn't even required to spend it on the kids! It's not right, but it's the way it is. We are obliged to pay however.
Personally I would seek to sort this out with your ex and avoid court, in this situation.
So has the alternate week-ends and midweek time been informal so far? A court application could make your ex very hostile and you might lose that. Personally I would stick with what you've got. By the time they get to 14/15 they really can decide for themselves what they want to do and no court would enforce an order for a 15 year old unless there were very extreme circumstances (never heard of it myself).
I would just focus on the CMS situation and deal with it. I'd start another post about that as you might be able to appeal. But if they say you've underpaid, you have to pay the bill and argue the case after usually.
The ex isn't even required to spend it on the kids! It's not right, but it's the way it is. We are obliged to pay however.
Personally I would seek to sort this out with your ex and avoid court, in this situation.