The Tribunals Service handles appeals relating to child support decisions, both those that are made by the Child Support Agency and Jobcentre Plus. The tribunal can also vary decisions made by the CSA and Jobcentre Plus. If the tribunal makes a decision that is wrong in law, this can be appealed to a child support commissioner.
Timescale for Appeals to be Made
Appeals must be made within one month of receipt of notice of the decision, which is deemed to be the date when the notice is issued. An appeal may be lodged outside the time limit (‘out of time’), but only by making a written application, which must comply with certain requirements. In these circumstances there must be compelling reasons to allow an appeal to be considered, and the later the appeal, the more compelling the reasons must be.
Evidence for the Appeal
The CSA will prepare a submission, which will vary in length depending on whether, in its view, the CSA considers the appeal to have merit or not.
When you decide to appeal a decision, you should consider whether or not you have any further evidence that you want the tribunal to consider in relation to your case. You should also give thought to whether or not you have any witnesses. If you require further information or evidence from another source, you can ask the tribunal to give a direction that the information should be released for the purposes of your appeal.
Appeals can be struck out by the tribunal’s clerk in several circumstances: if the appellant does not pursue the appeal properly; or by failing to comply with a direction given by the tribunal (if it has been specified that such failure will result in a striking out), or if the appellant doesn’t notify the tribunal that he/she requires an oral appeal hearing.
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Either party in an appeal can apply for an oral hearing. In the alternative, the tribunal can direct that there is a need for an oral hearing. In all other cases, the appeal will be decided on the papers. Hearings are usually held in public.
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The Appeal Decision
When the evidence has been heard and submissions read, the tribunal members will consider the case. The decision will usually be provided to all parties on the day of the hearing.
Appealing a Decision in Law
If the tribunal makes a decision that is wrong in law the decision can be appealed to the child support commissioner. This is not an appeal that can be made on the facts of a particular case, but must essentially be on the basis that the law relating to the decision was either misinterpreted or used incorrectly in the appeal. Either party can appeal a decision in this way.
In order to appeal a point of law you must first obtain permission from the tribunals service to do so, and within one month of the tribunal’s decision. Unlike other appeals, these cases are usually determined with written submissions only. However, some cases do have oral hearings, in which case the commissioner usually reserves the decision to a later date (i.e. does not provide a decision there and then in relation to the outcome.)
please advice
I have asked CSA to please review the payments but they have told me there is nothing they can do. Is this true? Or am I just getting moved on to cause them hassle?
Thanks
My ex refused to pay any maintenance
He was in full time job and yet CMS failed to recover any payment from him
When they finally decided to put pay and collect he called and informed them that he is unemplyed
First he was trying to close the case by saying that I am not the primary carer
I have sent in court orders, rental income evidence for him,letter from his solicitor stating that he has a job and also letter from my bank confirming that he didn't even make single payment
I sent for mandatory reconsideration and it was rejected on the basis that they can't find any HMRC tax evidence and he sent in his bank statement
I don't know what to do as I know he works cash in hand and he also recently renortgaged a flat which I also own but he keeps the rental.income from that too
Please help
I don't know what to do next
In 2017 the Child Maintenance Service took over the case from Child Support Agency .
They informed me that I owed £3715.00
I had paid this direct to my ex wife monthly and have proof through the bank statements and transactions between banks , and now the ex wife is written to CMS claiming she has had no money .
Surely this is classed as fraud !!!!
They are asking me to the pay the outstanding amount again
Help , what action can I take to stop this
He is self employed and hired an accountant to declare he was paying himself minimum wage to the CMS, in order to pay the smallest amount of child maintenance. I applied for variation based on undeclared income through dividends and business accounts etc.
This time he has returned the directions asking for all business and private account statements amongst other things to the Tribunal saying “addressee gone away”. He has not gone away and I have evidence of this, but what will the judge base his adverse inference on with no evidence at all for this years appeal (2017/18)?
I pay half of all school trips, half of lunch money, half of any extra curriculum activities
If the children are sick or on holiday the care is shared equally which is covered in the child court order.
CMS still stay she is the resident parent and I must pay CMS because the mother claims Child Benefit.
The child maintenance act 2012 regulation 50 says clear that this should be a special case in my mind and no maintenance should be paid, is there anything I can do? I have appealed to a tribunal.
He works nights driving three times a week for 8.00 an hour , we are not rich!
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