DeMontfort, great info, thanks I looked on Bristol Post for the article, and could only find a piece giving glory to Steve Webb. I couldn't find anything on your situation. It made me so cross that I posted a comment on the Steve Webb article (as KaySwift999, see: www.bristolpost.co.uk/Steve-Webb-praises-Child-Support-Agency-absent/story-25920357-detail/story.html#ixzz3SrGgbraG
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It went like this: "Sloppy journalism, and partial in every sense, Firstly, the CSA are being phased out - the CMS (Child Maintenance Service) is the superseding organisation. Secondly, despite many CMS staff valiantly wading through bureaucratic treacle every day in an effort to try to assist parents, they are not always able to do so due to the fact that they now have NO investigatory powers (unlike the CSA, who used to be able to investigate). It seems that the Bristol Post knew about these kinds of issues prior to the above piece being published - where, for example, is the reporting on this item posted on Mumsnet on 15 January 2015: "My MP has just tabled a Parliamentary Question about the discrepancy between lifestyle and the assets that are considered in the variation/revision/supersession rubric. It has been picked up by a journalist at the Bristol Post so watch out for her article." (See tinyurl.com/qfb8usx)? That example illustrates how the children of self-employed paying parents are missing out, due to the fact that the 'taxable earnings' of the self-employed can be manipulated - to avoid tax as well as child maintenance - leaving children high dry. The CMS can't investigate, they have no powers to do so. Who knows how many other children are being deprived under the new system, due to their circumstances being less than straightforward? Shame on our system, shame on Steve Webb for basking in the light whilst he and the Coalition show little interest in changing this, and shame on the Bristol Post for giving glory to Steve Webb instead of shedding light on the real issues."
Maybe the Bristol Post did run your piece, but I just couldn't find it... lots of glorification of Steve Webb on there though!
I'm just getting my Mandatory Reconsideration Notice in respect of an Application for a Variation on the basis of lifestyle inconsistent with earnings / diversion of income (and all the associated accumulated assets and unearned income)... I gave a stack of detailed evidence to CMS, including copies of documents from Companies House, Title Register of his personal property, photographic evidence of improvements to his private home at a time when he was saying he had no income, extensive foreign travel, multiple vehicle acquisition.......... etc.) I'm going to take this to a Tribunal next, so will let you know how I get on. I'm quizzing the CMS on the basis of some of the information posted on the 'they work for you' web page, so thanks for that. I used the search facility on that page to look for 'child maintenance' and 'self employed', and found some statements from Steve Webb that have the potential to provide leverage. Here's an extract of my letter to the CMS today:
(the quotes from Steve Webb come from his answers to questions from Jacob Ress-Mogg and Paul Maynard, links are www.theyworkforyou.com/wrans/?id=2014-12-17.219326.h&s=child+support+individual%27s+assets#g219326.q0 and www.theyworkforyou.com/wrans/?id=2014-09-26.209541.h&s=child+maintenance+self+employed#g209541.r0)
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The Minister of State for the Department of Work and Pensions has recently indicated, in his answers to MP’s questions, that the individual assets and profits from self-employment of paying parents are taken into consideration when working out ‘income’. I have copied in the web addresses and web page content overleaf for your ease of reference on this matter, but it seems important to note that he states:
“The new child maintenance scheme introduced in 2012 applies a broader definition of income to take account of taxable income derived from assets not included in the main calculation”
and
“For self-employed paying parents in the 2012 Scheme, gross income is determined by reference to gross taxable profits for the latest available tax-year. As with the 2003 and 1993 schemes, there is scope for receiving parents to provide additional evidence if they feel further enquiries into a paying parents income are required to establish the correct liability in their case.”
Given that my report to the CMS which accompanied my Application for Variation provided many details about the existing and growing company profits and personal and company assets of Mr XXX, including specific details about accumulations in multiple companies owned and directed by him during the period that my CMS case has been open (and where Mr XXX is often the sole or majority director and shareholder, or shares privileges with his father), then please can you explain whether the Child Maintenance Service sought to apply what the Minister of State for DWP says above?
For example, did the CMS try to “take account of taxable income derived from assets not included in the main calculation” (such as, but not necessarily limited to, possible rental incomes from Mr XXX's lettings company), or to attempt to ensure that Mr XXX’s “gross income is determined by reference to gross taxable profits for the latest available tax-year” (for the many companies he owns and directs and is often the sole shareholder of, and for which details of growth in profits have been supplied)?
I have provided a wealth of “additional evidence” in my report to you which accompanied my Application for a Variation, which evidence could have helped you to facilitate your enquiries, but I am unaware as to whether it was put to use in any attempt to “establish the correct liability” in my case?"
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I don't imagine that I'll hear anything much that's helpful, but I am using this to try to ascertain, ahead of the Tribunal, what attempts the CMS have already made to try to obtain information which - according to the Minister of State for DWP - they are supposed to be able to take into account. If not, then at least my queries might lead to the identification of what kinds of information remains to be sought by the Tribunal (assuming they have the powers to ask for it).
Does anyone have any resources or information regarding how to approach representation at Tribunals? I don't know whether to just go by myself, or to try to get a professional to advise on my likelihood of success and/or accompany me to the tribunal. I'm a bit concerned that my ex will hire someone and that I won't be able to engage with legal / financial / technical arguments that they advance. From what I've read, it seems that it's beneficial to have an understanding of Child Support law / case law beforehand, but it's all so inaccessible! Books are really expensive, and aimed at practitioners it seems.
Anyway, sorry for long post, and thanks for the info all! Hope my input might help someone else too.