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Father evading CMS payment not declaring rental income help - should I appeal?

1 reply

vibinghigh · 23/11/2022 12:39

Has anyone had any success with the court of appeal? I applied for the CMS to re look at the payment of £7 a week flat payment because they went on my ex's 2020 tax return which he was claiming benefits as he doesn't have a PAYE job. I know he rents out two properties with little or no mortgage payments and is making from those alone about £2.5k a month plus he has £100,000s+savings from when I had to re mortgage buy him out of our house, so he's obviously not declaring the rental income or the assets..he went on 5 foreign holidays in last two years, rents a decent flat and has a car, I provided facebook evidence of him actually working in the media.... I gave them all of this info with evidence to back it up... Am I going to have to report to HMRC first? I only have a month to appeal their decision though... it's a kick in the teeth that it's nearly £600 for the application fee, does anyone know if I took it to the tribunal/appeal and he engages a solicitor for eg, if they just say the same thing again - would i have to pay his legal fees? I've read some depressing threads on here that make me think that a judge wouldn't be able to do anything if he just lies. I can't see how they can have ignored all the evidence I sent in.. proof of ownership of the properties, adverts online, previous tenancy agreements showing rental levels... do they always get their financial investigation unit to look at it - because I can't see how they have looked at it and come to the same 'he's on benefits so it's a flat rate' conclusion.... if i go to a solicitor it could cost me a lot of money I wouldn't get back potentially.... this is how people like this get away with it, it makes my blood boil..

OP posts:
NCforsafety · 23/11/2022 13:17

Can't answer your main question but his assets are irrelevant. CMS is based on income only as far as I am aware. (My husband pays CMS but our assets are not included just his income).

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