How long does CMS appeal process take?

[writingsonthewall]

Hi, I've submitted my paperwork for appeal to the CMS after my mandatory reconsideration came back with nothing to change. I sent it all off 2 week ago recorded delivery and was just wondering when I might hear something.

I know the guidanace said the hearing might be some months away but just thought I might have got a letter or something, and also am a bit on edge as wondering when my exH is going to be notified.

Many thanks

[Meggymoo123]

Hi Hun, I am at the exact same stage as you right now. The difference is I've heard back from the tribunal. The only advise I can give you is to telephone the tribunal service and ask them if they've received it yet. Will post the number below! They did say to me on the phone that even though they signed and received my letter which was recorded delivering, it is taking around 10 working days to process it and put it on the system!!

0300 123 1142
Good luck

[writingsonthewall]

Thank you. I did actually decide the same thing the other day and gave them a ring. They said they'd sent a letter a couple of weeks back which I hadn't received. They sent another copy which arrived today. Now it's just a case of waiting for the CMS to respond I think.

Good luck in yours!

[Meggymoo123]

Yes they have advised me that they are also waiting on the CMS to respond to the courts with all the paper work etc!
Which town is your tribunal going to be held in??
If u don't mind me asking, what's the reason u are going to a tribunal? Mine is because my ex partner is a self employed director of a limited company and has a tendency to pay himself £11k for the year, then when it comes to filing his business and personal tax returns, he doesn't bother, keeps the money, the company gets struck off, and he just sets up another limited company!! He has gone from earning £65,000 to £11,000 since he has been grilled by CMS!! Convenient isn't it!!!

[writingsonthewall]

I'm not sure which town, did it say on the letter? I'll have a look tomorrow but the letter is in the filing cabinet in my sons room and he's in bed.

I've appealed because according to the CMS my exh earns £58 per week which means I get paid £7 per week. Except for 8 months he paid me £300 a month so he's overpaid by so much he doesn't have to pay anything for 6.5 years!

He has his own company and works all the hours god sends, employs his new wife. so not sure how he's done it but he categorically does not earn only £58 a week. I can't get any evidence to that effect though so the cms were useless. I don't have any faith I will get anywhere but I have to know I've tried all avenues.

[Meggymoo123]

It seems impossible, completely! I can only sympathise, as apparently I am in £2800 worth of debt! What you need to make sure u do is write to the courts and ask them for forensic accountant analysis to be sat present on the panel! That way they will go through his accounts, bank statements with a fine tooth comb!!
By the sounds of it, what he has done is divert his income! He's employed his wife, and paid her his wages! However he has justify how the manager/owner/director is now earning less than someone who is just employed to work for the company! Hopefully the judge will see through all that!

It should say it on the form where your nearest court that deals with CM will be held! I live in the southeast and the court they are sending me to is only 25 minutes drive away! Still can't believe there is 50 week wait 😫 I've made contact with my own MP though about this issue and get her support to have this rushed through

[writingsonthewall]

Oh ok can I do that then? Won't they have someone go through his bank statements otherwise?

I'm in the south east too. 50 week wait?! I clearly skim read the letter and filed it as do not recall there being a mention of a wait either

[Meggymoo123]

No on the letter it won't say the waiting time! I rang them and asked how long the wait is for Ashford in Kent as that is the one I am being sent to, and they said a 50 week wait. They then said if I write in with my reasons to transfer to a different one, and I am accepted then I can go to another one of my choice! The next nearest one is bexley Heath which is 30 weeks wait 🙄

Yes u can ask for a forensic analysis to be sat present or they may not be able to detect any fraudulent activity on their account! Just write them a letter requesting this! Is he self employed? If so, explain he is self employed and you feel his accounts will need to be examined to determine where his money is being diverted, and what is going on with regards to the CMS not picking up his true earnings through HMRC x

[writingsonthewall]

Great I will do - thank you

[Wanda354]

Can anyone explain to me how the appeal process works? My situation is that my DC's dad stopped paying maintenance 2 years ago when he lost his job. I am certain he has some consulting work since then but can't prove it. He has managed to pay his rent (in London) continuously throughout the time of "unemployment" and goes on holidays etc with his wife (who also doesn't work) and other DC. His lifestyle is inconsistent with being unemployed but I can't find out anything about where he is working. My understanding is that to appeal a CMS decision you have to have some sort of evidence, and I have none.

[writingsonthewall]

Wanda - so my (limited) understanding is that you need to wait for a "decision" from the CMS (e.g. A letter telling you what your payments will be, like the result of the annual review) and then you have 1 month to ask for a "mandatory reconsideration" which is basically them looking at it again. They'll ask you to send in any evidence you have that their calc is wrong so I sent a letter basically saying my thoughts. When I called them they said that wasn't evidence and so the Mandatory reconsideration came back saying that the calc remained the same.

At that point you have the right of appeal which goes to HM courts and tribunals and gives you the option to attend a court hearing. I'm hoping the courts have more powers than the CMS in terms of looking into his finances. That's about all I know. I only sent off the appeal paperwork mid/late Feb so now need to wait as the HM courts people have sent my appeal to the CMS who will respond hopefully with more detail around how they arrived at their figures etc.

Hth

[writingsonthewall]

Meggy- I got the letter out this morning and the local court is Aldershot so I'll give them a ring and ask how long the wait is later.

Have you opted to attend a hearing? I have as feel it would give me more control. Slightly scared though as have to represent myself as can't afford a lawyer.

[writingsonthewall]

Sorry meggy one more- to find out the wait did you call the main Cardiff number or the local court themselves?

[Meggymoo123]

Hi, so yes basically u request a "variation". All you have to say is "I would like a variation on the grounds of unearned income as I've been made aware he has come into some inheritance money!" (That basically means anything he owns that's big money). They will do it there and then for u while u are on the phone. If that comes back as zero, then u immediately ask for what is called a "mandatory reconsideration". They will look at the variation once again, and will come back to u and say "NIL" or "Rejected". Now that has happened, the flood gates are open and u have every right to appeal! But u have a time scale to do it in so don't deal! On the "mandatory reconsideration" letter it will mention about an appeal! U can write to the tribunals appeal with a long letter explain everything in a very professional manner and a copy of your mandatory reconsideration. They will respond to you within a few weeks, and then u just sit and wait for a date. In the meantime u can send in any evidence u may wish to show the judge, such as a text message he once sent u saying "all my wages I've transferred into my girlfriends account and you're getting nothing!" Obviously if you print that off before the court hearing along with a covering letter and your reference number, they will photocopy it, the evidence is shared with the other party and is shown in court! 😬 Good luck x

[Meggymoo123]

Yes ring the number on the letter first, aldershot? Mine was Birmingham I do believe, call them and ask them which tribunal in what area will you be going to?? They are really lovely on the phone and helpful. Let me know x

[Meggymoo123]

And I have also opted to attend the hearing! Statistics state u getting a better outcome if u attend 🙌🏼 And I will be representing myself. I got all this information from a Gingerbread organisation advisor. It will not be you under scrutiny or pressure in the tribunal, behave professionally, paint the picture when asked to speak, but HE/ex will have his pants pulled down in court! And if he has been up to no good, he will sweat like a bitch! If he makes an offer to u before the court date, don't accept it, it's a bribery to get away from court! 😘

[writingsonthewall]

Like the sound of him sweating like a bitch

Am I right in saying though that strictly speaking I am appealing against the CMS rather than against him per se? When I called the courts people to see if my form had got there they said tha he hadn't been notified yet, not sure at what point he gets notified? Presume he gets the opportunity to come to court too?

Thanks for all info

[Meggymoo123]

Yes u are appealing against the CMS decision based on the fact they can only go by what HMRC have provided them with but u also believe your ex partner is being dishonest in what he is telling the CMS! He will be under serious scrutiny! But remember, if he is self employed u need to write in your letter exactly what u feel the issue is, for example, say "I have reason to believe he is being dishonest to the CMS, his earnings are £XX.XX per week, his partner also works for the business too and has recently be employed"... (don't accuse him, in case your wrong, by saying "I think he's paying his wife the money"... but be factual about what u know and the judge will see where u are going with it) x

[Meggymoo123]

From my understanding he will be notified of your appeal in due course, the CMS will be notified too and ask to provide their findings and how they worked out the money u should be having! He will be required to attend court, if he does not show up without a reason then the judge may make directions without him being present! But remember, any letters or evidence u send in, he will get a copy of it prior to the hearing x

[writingsonthewall]

I just called, average of 29 week wait! Oh well, at least I know now

[writingsonthewall]

I already wrote all the spiel when I submitted the appeal. I'm worrying now I wrote the wrong things

[Meggymoo123]

Why are u worried for??? Do u want to email me privately what u wrote etc and I can help u??
My email address is [email protected]

[writingsonthewall]

Dunno, just that I've put no evidence and that he'll read it all and hit the roof obviously.

I'll mail you now - thanks.

[YorkshireTree]

If you think he is putting in dodgy returns you can grass him up to HMRC who will launch an enquiry. There is a tip off hotline if you Google or there is a web submission form I think.

[Meggymoo123]

Hey, thank u for your help, but I am one step ahead of u Hun, I've already grassed him up to HMRC, about 5 times 😂😂

[Traveller123]

Most self employed, particularly those operating through a Limited Company, will employ a professional accountant to prepare both the Company Tax Return and Self Assessment for submission to HMRC. Can't see any professional accounting firm preparing accounts that are not within the law.

As for squealing to HMRC they probably take little notice and record such action as yet another greedy ex. Child Maintenance is not taxable so they are probably not that interested and more likely to allocate resources to bigger fish such the big corporations who avoid billions in UK Tax.