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Legal matters

Being taken to a HM & Customs CMA Appeals Tribunal

1 reply

iknowangels · 19/10/2017 19:47

About 2 weeks ago I was advised I was being awarded Child Maintenance after a battle sInce February when my ex decided he was no longer paying it. He was also advised to pay the arrears that have mounted since he stop paying it.

After months of sending in paperwork sometimes twice and appeals then a mandatory reconsideration. I've now received a letter stating he has taken the matter to a tribunal.

Has anyone got any advise regarding what is involved. I'm absolutely drained after the appeals and mandiatory reconsideration plus getting letters of proof from doctors, dentists, providing a list of things I have bought for my Son, what toys are at my house, proof from school to confirm I was the main contact and my address is the main address, etc. I also had to almost go through the same process to keep Child benefit which my ex try to get awarded to him because if he got awarded it he wouldn't have to pay me maintenance.

I honestly though it was over as I only thought they granted a tribunal if there was a very good reason for allowing a tribunal. The CMS has now looked @ this twice and ruled in my favour on both occasions and I receive the Child Benefit. Is there a chance it can be overturned at this stage as I can't understand what could change it after the CMS have twice ruled in my favour. I'd be grateful for any advice on how to approach this and what preperations I should make and what pitfalls there may be ahead waiting for me.

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prh47bridge · 19/10/2017 22:34

I only thought they granted a tribunal if there was a very good reason for allowing a tribunal

No. If he appeals after a mandatory reconsideration it goes to tribunal. The strength of his case has nothing to do with it. His case could be nothing more than "I don't want to pay" - it still has to be heard.

Yes, there is a chance it could be overturned at this stage otherwise there would be no point in having a tribunal system. However, he will only succeed if he can show that the CMS has got it wrong in some way. If their calculations are correct you will be fine.

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