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Child support tribunal

8 replies

catcatcatcat · 12/07/2019 16:05

I've just got my date through for my child support tribunal. I am disputing the CMS decision based on my ex's lifestyle & the fact he is a director of a company and possibly diverting earnings.

I've done lots of googling for advice about what evidence to submit and what it will be like on the day but have come up blank. Please let me know any experiences you have if you don't mind? I feel a bit sick about the whole thing but know it's the right thing to do considering he pays £20 something a month at the moment and has a lavish lifestyle/house.

Thanks!

OP posts:
Jon65 · 13/07/2019 00:32

Download from the land registry the docs for the house to check ownership and whether there is a mortgage. Cost 3 pound. Also the company accounts from companies house. Get a company to do a credit check. This should show credit card borrowing, availability of credit, bank accounts, financial links with anyone else. If he is renting check the zoopla entry for the property and it should tell you the rental cost. Check his fb and take screenshots of any evidence of new car, holidays etc. Take a photo of his car incl numberplate. All the above if they show income and expenditure above what is declared is evidence to be included in the bundle. Along with a clear statement from you as to why you think he has undeclared income, in numbered paras for ease of reference.

Weenurse · 13/07/2019 00:43

Good advice

Collaborate · 13/07/2019 09:25

The first hearing usually involves the tribunal directing the disclosure of documents (eg bank statements). Get a list of questions drawn up in advance.

catcatcatcat · 13/07/2019 10:19

Thank you all. I submitted lots of evidence with the initial application - just have a few new pieces.

OP posts:
Weenurse · 14/07/2019 02:54

Good luck

LifeMovedOn · 15/07/2019 06:00

To OP

Sounds familiar. My Ex was a director of a UK Ltd Company and seemed to get away paying little relative to his lifestyle. Two Variations have been made by CMS to take into account dividends and shared care does not exceed 51 nights per year, but I was still not convinced so I decided to appeal.

CMS told me their calculation was correct and based solely on earnings detailed on HMRC Tax Returns prepared by Ex's accountant. Solicitor I had for the divorce has advised that assets and lifestyle are not taken into account when calculating child maintenance. That seems to fit from what I have found on internet.

Ex will not be at the hearing as they are now living and working overseas and has provided appeals department with evidence of his non UK residence status courtesy of accountant. I am afraid that once the tribunal hears that Ex is a non resident they will dismiss my appeal as out of their control.

What are my options if this happens?

catcatcatcat · 15/07/2019 06:28

@LifeMovedOn I did read about being able to go to court yourself rather than use the CMS tribunal if your ex lives abroad? Worth a google?

I've resigned myself to receiving pretty much nothing but find it SO incredibly hard hearing about the things my ex does with my DD. It makes me seethe.

I don't know whether a solicitor should come to the tribunal or not with me.

OP posts:
TheEmpireNoMore · 15/07/2019 09:27

I don't know whether a solicitor should come to the tribunal or not with me

My solicitor advised there was not a lot of benefit of them attending as the first level, tier 1, will be mostly what Collaborate has said. Plus I am saying that CMS have got it wrong rather than Ex being at fault.

Although I do doubt the earnings figures on the Tax Returns as nowhere near what they earned during the marriage. Looking at details in Companies House did not help as the accounts were more like shortened balance sheet as opposed to details of total earnings.

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