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Child maintenance appeal

7 replies

guccihandbag · 15/06/2018 15:13

Hello, I'm new to this site so apologies if I'm posting in the wrong area but was after a little bit of advice.
I have 2 children who I have bought up alone. The absent parent has never been involved and we've had no contact in over a decade. He had to pay maintenance via a deductions of earnings order when the CSA were involved as he told them he didn't want to pay. In all those years I never asked the CSA to review the case or anything. Just want a simple life without any hassle.
Since the case moved to the child maintenance service, they take the absent parents income details from the HMRC and calculate maintenance payments accordingly. During the first year with the CMS the absent parent disputed the amount but this was rejected by the CMS. Following the annual review this year he has disputed it again which the CMS once again rejected. I received a letter yesterday from the CMS letting me know that he is appealing and it will go to a tribunal.
I just wondered if anyone has been through this and what it involves? What the outcome was? Is there anything I will need to do during this process?
Thank you for reading.

OP posts:
MooseBeTimeForSpring · 15/06/2018 15:30

I’d have thought you won’t need to do anything as the argument is between him and the CMS.

guccihandbag · 15/06/2018 16:26

Hi Moose, I agree, that's what I thought too but wasn't sure.

OP posts:
Fizzymama · 17/06/2018 19:40

Hi OP, IME the CMS appeals department will look at the reason(s) why he has appealed against the decision. They will discuss the appeal with your ex (as it's his appeal) but they will probably only contact you if they need anything. If the annual review is wrong they will correct it.
If your ex decides to go to tribunal you will receive some paperwork from the appeals department this will outline the basis of his appeal. You legally have to be kept informed about the appeal. You may also be invited to attend the hearing. But you don't actually have to do anything (unless asked BY CMS), you don't have to attend the hearing. You will be told of the outcome in writing. You are allowed to send to the tribunal any information/ evdence if you believe it to be relevant to the appeal. The process can be long winded and you're probably looking at months rather than weeks.

Igmum · 17/06/2018 20:01

Hi OP, what Fizzymama said. I too am a single parent and get (some) maintenance via CMS. There was lots of DV in the past so I'm anxious not to get involved in anything. Last year absent parent appealed, CMS turned down his appeal and he took them to court. I got the documentation and was a bit intimidated (thought he was taking me to court) but they were just keeping me in the loop. I did nothing and waited for the verdict (they decided against him). So if you do want to say anything you can but there's absolutely no obligation to. Good luck.

guccihandbag · 17/06/2018 23:31

Hi Fizzymama and Igmum, thank you both for taking the time to reply with some very helpful information.
Igmum, like you, I too experienced DV and felt anxious when I was notified about the appeal and a tribunal and what this would mean for me and whether I will need to attend etc.
What information do the tribunal look at to decide on the outcome? Is it the same information that the CMS use to do there calculations?
I guess it's just a waiting game now.

OP posts:
Fizzymama · 18/06/2018 07:31

Mainly same info as CMS as it's laid down in legislation. It could also depending on what he says is wrong with the decision. If income then usually HMRC info is used. If something to do with number of overnight stays of his child he has (just using as an example and not specific to you) could ask for calendar / dates etc. Just saying I can't afford it... doesn't mean it is wrong and Tribunal can't change it on that basis.

guccihandbag · 18/06/2018 10:28

Thank you Fizzymama, feel a little better now that I have a little bit more information than I did a few days ago. I've no idea why he's appealing but I suspect it's because he thinks it's too much. Time will tell.

OP posts:
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