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is this the right board for CSA/CMS question/support

(52 Posts)
DropItLikeASquat Wed 07-Feb-18 18:53:11

as the title says, sorry newly here.
thank you smile

Familylawsolicitor Wed 07-Feb-18 18:56:23

Here or legal
What's the question

DropItLikeASquat Wed 07-Feb-18 19:14:09

Im about to go to appeal, its horrible, and I'm scared shitless, plus its going to open up some very painful old wounds. I just wanted to see... how other people have found the process?
did they feel it was worth it?
did they win or lose the first appeal and move on to second or third (supreme) appeal?
My ex has written a horrible letter to the appeals court to say that I am vindictive and trying to cheat him out of more money, all all of this be discussed as I don't think I will be able to hold back tears if it does?
thank you.

Familylawsolicitor Wed 07-Feb-18 20:11:04

You don't have to prove that you are not vindictive, that's irrelevant.

What's the grounds for appeal?
Have you been in touch with organisation at all?

DropItLikeASquat Wed 07-Feb-18 20:31:51

Essentially he had an affair with me. I didnt know about her and it all came out when I discovered that I was pregnant, I believe we had a future together.
They have since got back together and are both residing in their home. However, they are claiming to be separated and she has made a child support claim for their children, thus significantly reducing my sons entitlement.
I applied for a MR, the CMS checked with HMRC and they were deemed to be separated. I then appealed on the grounds that they were deliberately concealing their true circumstances so he could evade paying the correct entitlement. meanwhile I employed a private investigator and he swore on his affidavit that he believed them to be cohabiting and compiles a file of evidence such a surveillance, joint fb, Instagram, email addresses, joint bank accounts etc etc. He also discovered that the postal address given to the CMS was a post box rental facility.
NASCA have suggested that I have a strong case. Also, DWPmade contact and asked me to provide them with the report from the PI to forward to the financial investigations unit.
In response to the appeal he (his partner, it wasn't his handwriting) wrote a letter to the appeal court with a huge list of lies about me promising him I would have a termination, that I'm trying to ruin his life and ruin his relationship with his alleged ex and their children, it was 5 pages of horrible, upsetting accusations.
He stated that he feels nothing for our boy and that he never wants anything to do with him and doesn't consider him his child.It broke me to read it. His family also want noting to do with our son and I can only assume because he has fed them with total lies. I would give anything for this situation to be different.
I am prepared to fight for my boy, I believe that it is right and just for him to have the best opportunities in life that he can and this money would make a difference. Im scared and determined in equal measures. He also accused me of stalking his 'exes' house and scaring her.
I just don't think I would be able to have to unravel all of this at the appeal.
For me the appeal is solely to determine if my son is receiving his true maintenance entitlement and I am prepared to fight for that.
Im sorry this is so emotive, I am finding it really hard, he is in a very well paid job and his children want for nothing, I guess I just feel 'why shouldn't my son have those opportunities too?'
thanks FamilyLawSolicitor for responding. Again I'm sorry for rambling.

Myddognearlyatethedeliveryman Wed 07-Feb-18 20:34:45

The only thing cms care about is he is your ds biological df and he will need to pay. They don't fall for sob stories..

ArnoldBee Wed 07-Feb-18 20:38:00

So given his cms amount would take into account the children if they are deemed as living with him what would be the financial difference ie. Is it worth it?

DropItLikeASquat Wed 07-Feb-18 20:45:42

hi ArnoldBee, the difference is just over £70 a week.
Thankyou MyDog, I was hoping that would be the case.

Familylawsolicitor Wed 07-Feb-18 20:54:24

If NASCA says you have a strong case that's excellent. The PI dossier sounds compelling evidence

Have you separately had advice about possible claims under schedule 1 of the children act?
I don't think he has done himself any favours bad mouthing you. He would have done better to calmly provide evidence to rebut your allegations. Which presumably he can't do.....

Owbutnoregrets Wed 07-Feb-18 21:00:16

Nc for this. I have dc to a married man who tried all ways to not pay cms. They took his cash anyway. Hold you head high and claim for your ds without regret. He is a twat to try and avoid supporting his own dc.

DropItLikeASquat Wed 07-Feb-18 21:00:18

I have looked into that FamilyLaw, as historically he claimed that he can't afford his arrears either as he is paying the mortgage so her and the kids can stay there. in light of this the PI did a land registry search on the address so I could consider the section , It has come back as belonging to our local authority.The lies continue it seems.

ArnoldBee Wed 07-Feb-18 21:00:56

Fair enough then I understand why you are doing what you can.
CMS won't be interested in the fluff they've submitted though I understand that it's hurtful to you to read. They're interested in facts ie. Not the details of your relationship. How did HMRC probe that they weren't living together?

DropItLikeASquat Wed 07-Feb-18 21:02:46

thank you Owtbutnoregrets, I am hopeful after reading this. May I ask though how you coped with the emotional strain of going through this, even after 2 years separated I am still stunned by the whole thing and find it hard to talk about without crying.

DropItLikeASquat Wed 07-Feb-18 21:07:12

ArnoldBee, I just got a phonemail out of blue from them asking me to send in the original report and evidence and they sent it back to me, I haven't heard anything since but I don't expect to really due to data protection.

DropItLikeASquat Wed 07-Feb-18 21:07:58

phoneCall I have no idea what a phonemail is blush

DropItLikeASquat Thu 08-Feb-18 08:00:29

Ive woken up today with a much clearer head. This is about my son. Nothing else. Its one thing that he screwed me over, but its another thing entirely for him to do it to my son. Thankyou for all of your help.

Samesituation Thu 08-Feb-18 20:01:07

The appeal tribunal are very professional and are only concerned with sorting out the cms calculation and if they have his circumstances correct. Please be assured they do not judge or become involved in any of emotional circumstances whatsoever. Please attend the hearing as I'm sure you are going to. Please let the tribunal know in advance if you have any concerns about attending and being in the same room as your son's father they may be able to help you. Also take someone with you too for moral support. Whilst you and CMS might have made investigations have you annonymously informed HMRC if tax credits maybe in payment. Good luck with your appeal.

Samesituation Thu 08-Feb-18 20:03:16

Forgot to say please do not waste any money paying for the services of a solicitor, nacsa or any organisation that claim to be child maintenance specialists it really isn't worth it.

DropItLikeASquat Thu 08-Feb-18 20:38:37

Thanks same situation, it was HMRC that contacted me for the Reports. I had to post it off the their financial investigations unit, they then posted it back to me once they had copied it.
I have already paid for NASCA support but they have told me my evidence is promising and I don't plan to renew my subscription with them. Thanks for your support :-)

Samesituation Thu 08-Feb-18 20:55:22

Just another thing HMRC will not infirm you of any outcome of any investigations they undertake. If things don't go your way at your appeal - there is nothing stopping you to keep asking CMS to review his circumstances and to liaise with HMRC.

DropItLikeASquat Thu 08-Feb-18 22:04:18

Thanks Same, yeah I know that won't tell me an outcome of their investigations, they will probably just get away with a slapped wrist anyway, he is just the kind of person that can crawl through shit and still come out smelling of roses. Its sad that even though he has lied and so has she to back up his story, there is apparently no penalty from the CMS for fraud apparently.

DropItLikeASquat Fri 09-Feb-18 17:36:32

I spoke to a friend of mine who went through an appeal and she has said its all really professional, her ex tried to lay on the emotions thick and the judge firmly stated that it is of no interest to them. She said they were considerate and patient when listening to her evidence and making their decision. Im actually feeling so much better about the whole thing now.

Samesituation Fri 09-Feb-18 18:02:30

May be not a penalty as such from CMS if they are found to have been fraudulent CMS could look at misrepresentation of his circumstances. CMS is not an investigative service and has no investigative powers as such. However, HMRC / DWP is a different story if his 'ex partner' is claiming tax credits or benefits as a single person .... consequences would not be good I'm sure. Doesn't help your son in the meantime but a potential criminal record to avoid supporting him ??
Glad you are feeling positive about the process. Good luck and do let us know the outcome if you willflowers

QuiteLikely5 Fri 09-Feb-18 18:11:02

Sounds like they are in big trouble with HMRC!

That will teach him for thinking with his ‘little head’ instead of his ‘big head’ !!!

Good luck op I admire your determination

Lillyvanilla Fri 09-Feb-18 18:25:15

The appeal process is frustratingly slow, as you often have to have a number of hearings before a decision is made.
My ex also never turned up to the hearings which slowed the process down more, but it also helped me as the Judge made inferences about what the ex might well be earning, and I won.
There's really no need to be nervous at the Tribunal as its only a Judge and a child maintenance rep at the hearing. It's also a lot more informal than a Court.
Don't worry about all the crap written about you, the Judge will see it for what it is. And you won't be judged, they're not interested in the 'he said she said' crap, they just deal with facts!

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