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How do I fill in the D11

10 replies

Legalwomble · 08/07/2022 00:17

I was asking on here some time ago about how to legally give the CSA some documents used in my divorce case which would show my ex is actually quite wealthy and not the pauper he is manipulating his payslips to show and I was told I need to fill in a D11 form and request what I need.

I’ve had a look, and I can’t get quite how to fill it in, and I know it will be chucked out if I do it incorrectly.

Has anyone ever used one for this purpose and can guide me slightly in what to put where please?

Also, if you have used one for this purpose was it successful? It’s the only thing I can think of to be able to prove how wealthy he is (he’s currently on target for a nil assessment for 3 children, so I need to fight this)

Thanks in advance!!

OP posts:
Collaborate · 08/07/2022 17:03

PD9B of the FPR www.justice.gov.uk/courts/procedure-rules/family/practice_directions/practice-direction-9b-communication-of-information-from-financial-remedy-proceedings says you do not need leave for a CMS appeal.

Also now s49B of the Child support Act 1991 provides that:
49B
Disclosure of information relating to family proceedings[(1)
Where this section applies, a disclosure of information relating to family proceedings made to the Commission, or to a person providing services to the Commission, by a party to the proceedings is not (if it would otherwise be) a contempt of court or punishable as a contempt of court.
(2)
This section applies if—
(a)
the party is a person with care or non-resident parent in relation to a child,
(b)
child support maintenance is payable, or an application for a maintenance calculation has been made, in respect of the child, and
(c)
the party reasonably considers that the information is relevant to the exercise of the Commission's functions relating to child support in relation to the child.

Legalwomble · 08/07/2022 18:12

Thankyou for that, but could you please explain this in simple terms please?

if I put in a variation for a nil or very low assessment I can give them the information from my divorce? Does that include an expert statement (expert accountant for the business which shows what he “could” pay himself)

or do I need to keep arguing the toss to get it to a tribunal and then give them all this.

Sorry if I am coming across as stupid, your help is much appreciated

OP posts:
Legalwomble · 09/07/2022 12:03

Can anyone help with this? I’m not sure if this means I can give in my financial evidence or not?

OP posts:
prh47bridge · 09/07/2022 18:56

What it means is that, if you are a parent with care and you receive or have applied for child maintenance, you can disclose any information from family proceedings to the CMS provided you reasonably believe it is relevant.

Legalwomble · 09/07/2022 19:47

Brilliant Thankyou, I thought it was contempt of court to disclose anything without a judges permission?
I believe he has made an application to give himself a nil assessment, so it would be me arguing against that.

I could have sworn I couldn’t disclose the information 🤦🏼‍♀️

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prh47bridge · 09/07/2022 19:53

This section specifically says that it is not contempt of court.

Legalwomble · 09/07/2022 19:54

See this is what I got from Childs law service a while ago.
Currently I do not have a solicitor to ask.

“Thank you for contacting our Service. I understand you are seeking advice on disclosing Court documents to the CSA.

As these documents were part of the Court hearing-P.29.12 of the Family Procedure Rules states that no document or copy of document filed in the court shall be open to inspection by any person without the permission of the Court. It is likely you would need to request permission from the Court. Our service does not provide advice on maintenance at all and so you may wish to seek advice from a Family Law Solicitor to obtain further advice on the documents you require and how to challenge this”

OP posts:
Legalwomble · 09/07/2022 20:59

prh47bridge · 09/07/2022 19:53

This section specifically says that it is not contempt of court.

Thankyou.
I am just stressing over a fine or Prison

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Collaborate · 12/07/2022 10:55

Legalwomble · 09/07/2022 19:54

See this is what I got from Childs law service a while ago.
Currently I do not have a solicitor to ask.

“Thank you for contacting our Service. I understand you are seeking advice on disclosing Court documents to the CSA.

As these documents were part of the Court hearing-P.29.12 of the Family Procedure Rules states that no document or copy of document filed in the court shall be open to inspection by any person without the permission of the Court. It is likely you would need to request permission from the Court. Our service does not provide advice on maintenance at all and so you may wish to seek advice from a Family Law Solicitor to obtain further advice on the documents you require and how to challenge this”

This used to be the case but is old law now.

Legalwomble · 12/07/2022 21:00

Collaborate · 12/07/2022 10:55

This used to be the case but is old law now.

Thanks @Collaborate and @prh47bridge for all the help!
So, can I give the documents in alongside a Mandatory reconsideration or Variation request?
I only ask because the link that was posted earlier seems to imply that I can only do this during an appeal?
I have read that the CSA has powers to actually get the Court stuff themselves, but I very much doubt they will do that.
If I was to send them in at the start I assume my Ex could object and ask for them to be removed?

www.justice.gov.uk/courts/procedure-rules/family/practice_directions/practice-direction-9b-communication-of-information-from-financial-remedy-proceedings

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