Court order to reduce payments?

My ex has a contact order that would give him 52 nights contact with our children and he has just informed the CSA that therefore his contributions should be reduced by a seventh (hasn''t actually made a payment yet).

In reality, my ex refuses to abide by his contact order (and I know nobody can force him to see his children) and just has the children on weekends convenient for him, a week in summer and a day at Christmas, approx 30 days a year.

The CSA told me that I will need to contact the court to change the order (which is what ex wants in reality) to reduce contact or else my children will get less.

This cannot be true, surely. Shouldn''t he have to prove he has the children 52+ nights as I really dispute it.

All this and I thought after months fighting the CSA I was actually getting somewhere

It is actually the CMS 2012 rules if that helps

The problem is that the CSA is stuck in the middle and has to listen to both parents who both have the right to be believed.

The current court order does offer some degree of proof that he has the children 52+ nights a year. That is why they are probably suggesting you apply for a new order, it makes their job easier.

I have reached the end of my tether now. Ex is hiding behind his lies and I can''t go on fighting a losing battle.

I am emailing the CSA today to tell them that it is up to him to prove his 52+ nights a year as I totally refute his claims. If he can''t but they still stand by the order that he doesn''t stick to then they will force me to make him take me to court.

The problem is as whyspecial says, the CSA don''t know who is telling the truth, all they have is an order indicating how many overnight stays, you should do as they suggest and go back to court.

Thank you.

I called the CSA again today and was told that they have viewed the court order and it wont qualify for a reduction. I think it would and I am sure ex will challenge their decision but I wasn''t going to argue with them. I''ll probably get notified of another change next week.... further delays