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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

CMS - don't understand letter

8 replies

YorkshirePuddingsGreatestFan · 20/07/2022 16:09

I've had a letter from the CMS saying there is a "mandatory reconsideration request" on my case for "supersession". It invites me to send in relative evidence to support my case.

I haven't the foggiest idea what this means! When I rang the CMS, I was told that they cannot tell me what it is about. It's against data protection to tell me who made the reconsideration request and why.

We don't have contact with my ex due to DV, so I cannot ask him.

How can I send evidence in, if I don't know what evidence they want from me and they won't tell me what they want?! What should I do now?

OP posts:
Nc830 · 20/07/2022 16:11

Have you recently tried to change from direct pay to collect and pay?

YorkshirePuddingsGreatestFan · 20/07/2022 16:21

No it's been on collect and pay for a while due to him not paying when it was on direct pay.

OP posts:
Starriesky · 20/07/2022 16:28

I’ve had the same, they have also changed the payment to weekly not monthly and each weekly amount is different which is odd as the ex is salaried

Nc830 · 20/07/2022 17:07

How long is a while? CMS take 6 months to even look at anything from my experience

WeAreBob · 20/07/2022 17:12

A super session is a change in circumstances.
Your ex has asked for a mandatory reconsideration due to a change in circumstances, which could be that his salary has changed by 25% or more so he wants the payments reduced.
I think they're just giving you the opportunity to send in any evidence you may have to show his salary has not changed because they have to give you the chance to argue it.

But if he is saying he has had a change in circumstances then he needs to prove that, so they'll need to see payslips from him and they'll check with HMRC.

I dont know why the person on the phone was so obstructive to you. They cant give you specific details of what he has said but they can tell you it is a change in circumstances and what the next steps are. Maybe call them back and have a chat again.

ArnoldBee · 20/07/2022 17:13

Mandatory Reconsideration is that someone thinks the decision is wrong. Supersession is a change of circumstances - this could be a new child or a change of income of 25%.

YorkshirePuddingsGreatestFan · 20/07/2022 23:06

@Nc830 It's been on collect and pay for two years. He still manages to miss payments on that so there's arrears on the account.

I did get some letters back in January. I know he had another child, so the claim was for my child, less money for his child he was living with.

In January I got two letters in quick succession saying he was now responsible for two non-resident children and no resident child, so I assumed he'd split up with his partner.

I then got a letter a couple of weeks later saying he was now living with a third child, so the claim was for two non-resident children less the resident child. I don't know if the third child is his own, or if he's moved in with a single parent, or what?

I cannot provide evidence on any of the above as I have no contact and the only way I know the above is guessing from letters the CMS have sent me.

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