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Step-parenting

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Child Maintenance Tribunal

8 replies

Snowdonia · 03/11/2019 09:55

Hi,

Does anyone have any experience with a Child Maintenance tribunal?

My husband has one this week and we're just wondering what to expect.

The hearing is because he appealed the decision that he should be paying child maintenance. He has DSS 50/50, does the schools runs, packed lunches, buys his clothes, school uniform, does all doctor/dentist/hospital appointments, pays for school trips, holidays etc. Yet it was only by chance at the beginning of this year that it was pointed out to us that in the child maintenance booklet, it does state that if the paying parent does have equal shared care then the paying parent does not pay.

Child Maintenance have since told my husband's ex that she is not entitled to child maintenance, but because of the appeal they have to wait for the tribunal. She has also had a letter for the tribunal but has said she's not attending.

Does anyone know what they're like? Just so my husband has an idea of what to expect

Thanks in advance!

OP posts:
Northernsoullover · 03/11/2019 10:01

My partner went to one. Be warned its very formal however just tell the truth and await the decision. There will be representatives from the CMS there too. I only say 'warned' so you can be prepared. You will need as much evidence as possible but I'm sure you know that.

Snowdonia · 03/11/2019 10:04

@Northernsoullover - Would you say they are fair though? I've tried googling it but all I've come across so far is someone who said they weren't interested in listening to his side and his evidence, they just stuck with the original deicison.

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lunar1 · 03/11/2019 10:13

My friend is 50:50 with her ex, it went to a tribunal and he still has to pay maintenance. This is to stop a massive disparity in living standards between the two homes as he earns at least 8X what she does.

HeckyPeck · 03/11/2019 11:33

I think it’s a bit of a tick box exercise and from the few cases I’ve seen they rarely overturn the original decision.

I assume the ex doesn’t have evidence to prove she’s actually paying for the things your DH is paying for? And there isn’t a huge disparity in their salaries?

If so, I think it should be ok.

I guess worse case scenario and they do decide he has to pay maintenance then he doesn’t have to continue to pay for everything else so it might work out the same either way?

Sotiredofthislife · 03/11/2019 11:41

That’s really good to hear lunar. I have long been concerned about standards of living where income levels are diverse.

Snowdonia · 03/11/2019 11:55

@lunar1 Thanks for your reply. My husband does earn a bit more than his ex but that's also because she chooses not to work full time. Theres not a great difference between the two salaries.

@HeckyPeck I don't believe she has any evidence to say otherwise. When they went to mediation initially, around 4 years ago, my husband was told to keep a diary of when we have DSS. He was also told to keep receipts for everything so that is what he did. There is also not a massive difference in their salaries.

To be honest, it's not even about the money for my DH, what gets to him is every year he is told he has to pay his ex because she is the main carer, and that's really not the case. They say they have 50/50, but in reality, looking back over the last 4 years of diary's, my DH has DSS more.

OP posts:
HeckyPeck · 03/11/2019 12:55

I think you should be fine then OP. Good luck!

Snowdonia · 03/11/2019 20:24

@HeckyPeck Thank you! Smile

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