Appealing Child Support Decisions

Author: Lorna Elliott

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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Hearing the Appeal

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.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

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.)

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Child Support Rights Checker lets you answer a few questions about your situation and get a clear summary of your child maintenance rights and options. Try it now →

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71 questions

Ask Child Support Laws a Question

Hippo 11/09/2019 at 6:44 pm

My ex has got the cms to claim 7500 of me of unpaid child maintenence wen since 2002 I have been paying her 200 a month for them so probably paid nearly 20000 pounds. We paid csa for the first few months but then was decided to just pay bank to bank.. Does anybody know wat I can do?

Bb2986 19/08/2019 at 4:41 am

Me and my ex split 16 months ago last year he mad me feel sorry for him crying saying no one cares for him he should kill him self told him it’s hez own falt he chose to live in Birmingham than be in Liverpool with hez family well few weeks ago told me he found some one new so me being me told him I had to ???? well anyways he never pays for the kids he comes see them wen he feels like it he and let’s them down a lot phones my daughter up wen he feels like it never speaks to r son I let him see them coz he knows am a mug but other day he got married yes I was pissed off am struggling to buy school uniforms and he pays for a wedding out the blue so I txt him hez kids r up set and if he wants see kids take me to court coz am sick off him upsetting them well he still anit phone my daughter up see if she ok I want my kids to have a dad but hez selfish

Victim 16/08/2019 at 4:12 am

I am a father to one son who is being charged maintenance, I wrote to the CSA and told them that the child maintenance calculator proves that i should not pay any monies as i have my child at LEAST 2 times a week. but they still went ahead and sent my company a threatening letter and placed a deduction from earning from my company. It should be noted that i went to the courts and won the right to have have unrestricted access to my child and therefore have no bars or limitations to my son. I play an active role in his life and share in the day to day care for him, this involves his basic human rights along wiht providing entertainment, GP appointments and other activities.

please advice

Njh 29/06/2019 at 6:11 pm

We have just been hit with a £10'000 pounds from CSA now we have always paid cash to the mother and always bought my step son clothes and school uniform and anything he needs on top of this pushchairs for the mother and food and new washing machine yet she has also stopped us seeing him for around 2 years of his life he is now 6 my partner is not on the birth certificate and offered to pay numerous times which the mother refused she lives on benefits also and never declared a single penny we gave her to the jobcentre, also we travel 12 miles to pick him up just to see him and been refused on the door step we also took on her older son every weekend (as his father doesn't bother with him so he needed a Male role model) and bought him clothes and food etc even though he's not my partners son ....where do we stand ?

jonesy 23/05/2019 at 11:20 am

The father of my son's mum hasn't been involved with my son since he was 3 months old. He is now nearly 7. Until we separated the father of my son never spoke to his mum either until recently. His mum is pure evil and has mental health issues she used to phone and say she was going to commit suicide if he didn't ring back (and this was when they were speaking) she has MS as well. I really don't know what to do is there anything that I can do to stop him from taking our son to see his mum? He wants to leave our son with her as well I don't have any trust in her what so ever I feel like I cant protect my son.

Pls help 28/03/2019 at 12:39 pm

I have had a CSA case made against me for arrears to my ex partner. I’m happy to pay for my daughter but CSA have put an detachment of earnings order in place for £430 a month. I have an infant child that lives with me and I physically can’t afford the payments they have asked for. It is the difference between me being able to pay my rent or not .

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

Sam 14/02/2019 at 8:47 pm

Hi
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

Z 22/01/2019 at 5:17 am

My ex husband had requested a variation followed by a mandatory reconsideration, both of which were rejected as he didn’t submit any evidence to support these. I suspect he is hoping to go to a tribunal and is retaining any evidence for that. I was requested during the mandatory reconsideration period to submit any evidence from my end. Would the CMS release this for him to see as part of the tribunal process or is his appeal based on his own evidence only?

Fatherinneed 11/01/2019 at 2:00 pm

I have been stopped from seeing our daughter by her mother and I cannot afford to take her to court for access. She is claiming CSA off of me but not allowing me to see our daughter. I am raising my partners son as my own and have another child on the way. Is there anything I can do?

ChildSupportLaws Editor 10/09/2018 at 11:03 am

You would have to take this up with CMS/CSA yourself, It may be that CMS were taking over from CSA, so your CSA claim was stopped. However, that did not give a green light to stop paying child maintenance. The correspondence at the time would have given alternatives that you should adhere to i.e a family-based child maintenance arrangement or through CMS. It all depends upon whether you were still deemed eligible to continue paying child maintenance (i.e., until your child leaves full-time education).

R 08/09/2018 at 5:53 pm

I had a csa claim made against me in 2010, which I disputed but was told I had to pay for a DNA test. Anyway, for the next 5 years payments were deducted straight from my salary until September 2015, where I was told a stop was made to the payments (not by me). Today, I have received a letter from the csa advising I owe 1,738, yet it was them that stopped the payments and sent me a letter telling me the claim had stopped? This is now causing me a lot of stress because I thought this was over a long time ago! any advice would be appreciated.

ChildSupportLaws Editor 17/08/2018 at 11:56 am

You would have to prove you paid the money. If CMS are disputing this through their appeal/complaint process, , then your only option would be to apply to court.

FLINSTONE 17/08/2018 at 6:37 am

Good Morning. I have paid Child Maintenance to my ex wife since 2004 Direct .
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

I 15/08/2018 at 5:17 pm

I am in my second CMS appeal, having won the first (2016/17) due to the fact the respondent didn’t comply with the judges directions by sending in the bank statements requested.

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)?

Ty 23/02/2018 at 10:42 am

It's disgusting the way they work .my boyfriend has always paid up until 2years ago as the mother just went to the pub more and the kids got nothing.so he decided to give the kids the money.he has now a liability order which he cannot pay even though he took all the bank statements to court and text messages from the children asking for money for food etc as the mother wasn't home he paid for all his daughter's prom while the mother was away in Spain and she stayed with him.the courts never listened or looked at any evidence.just signed the liability order.its disgusting the way they work this.its affecting both our health.solicitors carnt even get involved this government is a disgrace

Samps 13/02/2018 at 7:12 am

I have always paid for my children and the youngest is 19 this year. I have just recieved several amended csa bills one saying i have to pay £190 a week then another stating £280 a week i am not behind and earn around. £450 a week. How does this work then apart from all the benefits for the child the mother is going to recieve all this per week. My problem is i do not believe my daughter is living in the area or with her mum but with a partner. How can i prove this to csa or can they prove to me that she is living with her mum and is in full time education... Where is the help and support for predominantly fathers. Trouble is my employers will just take that money out of my wage an pay it because some people think csa is law and always right. I cannot live on £170 a week and my child has £280 christ my rent is £100 then petrol to get there so looks like i may become unemployed.. Bravo well done csa

GreGF Editor 09/02/2018 at 10:10 am

@Unfair4Fathers - If you have your child for 175 nights or more: child maintenance is reduced by 50%. If your ex claims child benefit, then you are by default the paying parent.

Unfair4Fathers 08/02/2018 at 2:11 pm

I have a court order which states I have the children in my care for 7 in 14 nights and the mother has the children in her care for 7 in 14 nights.

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.

ChildSupportLaws Editor 05/02/2018 at 11:33 am

I am sorry to hear your husband is not coping well. As a rule, all non-resident parents pay the same. For instance if your husband is calculated as paying the basic rate and the child stays with the parent who receives child maintenance all the time, then he'd pay pay 12% of his gross weekly income (unless there are arrears from a previous debt, in which case he would be asked to pay more). His only recourse is to complain, You can see how child maintenance is calculated via whichAlso, he can request a variation for travel etc, I hope you manage to sort this issue out.

Anxious 04/02/2018 at 1:14 am

My husband is heading for a breakdown and I’m distraught , the CMS are taking far too much out of his weekly wage for one child , after weeks of telling them it was wrong , they agreed that on his current earnings it was too much and would review it......today his new payments came through for even more money , with lots of unexplained charges and unexplained arrears. How can this happen in our country in this day and age....how can a department just decide an amount with no reasoning behind it and not have to answer any questions or tell you why , and also tell you different things on a daily basis.....we will end up losing our home which is rented as we cannot afford payments for long.....we aren’t young either , late fifties......my husband sobbed his heart out and I’m ill with the stress....it’s also preventing him from visiting his kids as we live so far apart and he will not be able to afford the petrol ......he has never missed his visits ever since his divorce(his ex wife was unfaithful) ....dear Lord is there no one who can help ....Inreally believe he will have a heart attack and I’m so scared.....
He works nights driving three times a week for 8.00 an hour , we are not rich!

ChildSupportLaws Editor 22/12/2017 at 1:36 pm

You would have to try to resolve this matter through whichYou can also see more via the leaflet which tells you what legally can and cannot be done.

Name 13/12/2017 at 8:42 pm

is it legal for the cms to collect arrears from the old csa system when the csa case was supposedly closed around 6 years ago?
when it was supposedly closed I had apparently built up £1500 in arrears because they had messed up with wage reviews, doing a review in august 2011 of October 2010 wage slips. at the time my ex agreed to go to direct pay between ourselves as I couldn't afford the £200 a week the csa wanted to take from me. and I agreed I would pay for more things to help out and have my son more times per week, which has been no problem for like 6 years util now we both received a letter from cms, but now its changed over the cms say I still owe this money, yet we both thought the case was closed and havnt even heard anything about the £1500, they are threatening me talking about court action or selling my property or removing my driving license ( for some reason) is this legal?

ChildSupportLaws Editor 06/10/2017 at 12:26 pm

Your only recourse would be to complain directly to CMS, I suggest you do not stop paying child maintenance currently, as regardless of whether you are supporting your daughter directly you could be subject to arrears and have to pay this money to your ex, if CMS rules in her favour. I would be interested to hear the outcome of this matter and whether CMS can take the ruling into its own hands and on what basis, even if child benefit payments have stopped. Please keep us updated.

Gta 05/10/2017 at 6:06 pm

My daughter is now doing a level 6 qualification. The child benefit have confirmed to me today that this is advanced education and therefore my ex is not entitled to child benefit. The child maintenance service called me to say that my ex wife spoke to the child benefit and stated her daughter was in full time education only and they said she can continue claiming. I have uploaded college correspondences to the CMS where it clearly states the course is a level 6, higher than A level and equivalent to a degree, but the child maintenance service appear to be taking my ex wife's verbal say so over my hard evidence. I have told my wife I will continue to support my daughter, as I have for 13 years, but directly and not through her. This is clearly unacceptable to her as she is continuing to fight it. Why would she do this if the money I give her goes to my daughter anyway....unless of course it doesn't!! What can I do to escalate this?

MissyF Editor 06/10/2017 at 12:33 pm

@Frecks - if you have proof your ex earns an income, then you can take it to court. A court will analyse his income more more thoroughly than CMS will. But it has to be based on a taxable income, not assets the court won't take these into consideration when working out child maintenance.

Frecks 03/10/2017 at 7:14 am

This service is a joke my daughter is 10yr old and i have had a private arrangement with her father for 6years which worked well up until june this year when he basically kept my daughter for 1wk longer than agreed without any contact (also bearing in mind he is the reason why ive been a victim of domestic abuse) my daughter begged me to not let her see him again we are in the mid of a court case. He rents out 2 properties has a propertie in italy and in april sold a 3rd propertie that he owed with no mortgage left for 180,000 used 35.00 if that to start a home care franchise. He hasent paid a penny since june 2017 and ive just received a letter from the csa stating that after THERE CALCULATIONS he does not have to pay me anythibg for a year!! Where do you people get your information from the system is a complete joke

Jay 15/08/2017 at 5:56 pm

The cms continued to put me in debt even after they knew I was no longer working , they rang my previous employer and the director confirmed that I no longer worked there but they still continued to run up a debt . I rang them recently because they have froze a large amount of cash from my bank account to cover the debt . I questioned them about why they didn't contact me regarding the case earlier but they couldn't answer , I also questioned them about the time they rang my previous employer and I was told that they have lost the evidence (conveniently)....
Basically they knew but ignored the fact that I wasn't working and continued to charge me is there anything I can do about this ??

ChildSupportLaws Editor 23/05/2017 at 11:43 am

I'm afraid your son is in the difficult position of either allowing his ex to control the situation or trying to take control of it and suggesting mediation in order to come to an agreement and if she refuses taking the matter to court. Many fathers wait to take this route when do only when access has been totally withdrawn. I'm afraid there is no middle ground - he either has to bite the bullet and risk having access withdrawn while the matter goes to mediation or court - or continues to let his ex dominate the arrangements.

Sdcakt 22/05/2017 at 12:57 pm

My son, has a 0ne year old, he has paid maintenance since the day he left, but his ex is bein unreasonable with acsess, at first he had her alternate nights, then because he spoke to someone ske didn't like she dropped it to one day during week, n one at weekend, she threatens him that if he does anything she doesn't like she ll see her less, he's scared to go to mediation as she ll stop him seeing her while the process goes through, what should he do

Contemplating life 26/04/2017 at 1:49 pm

I've had issues with CMS changing my address and blaming a third party, I have went through everything via the correct legal channels and they have managed to get away with as far as I'm concerned fraud! But police in England claim its a mistake and police in Scotland claim its a civil matter....if I give false information that's fraud! But if they do it, it's acceptable?!?
They have used my income where I had to do overtime as they were over charging me. I have lost my house, my relationship with my now ex partner, I'm further away from my kids as I had to move in with my family and it cost me my job!
Despite informing the judge of all this he still upheld the CMS decision!
They claim to be there for the child but they're not, they're there to make a profit by lying and getting away with it!
And they wonder why dads commit suicide over this? And then they deny it's their fault!
If I was an absent father and lied then by all means screw me for everything you can but the fact I do everything I can for my kids and you then decide you want money because my case has been open and honest since day 1 you'll lie and use income based 4 years ago and send relevant letters to an address I've never lived at just to show you've followed procedure in order to get an attachment to earnings! Which you don't have to apply to court for anymore!
Robbing, cheating, lying, thriving, corrupt organisation and I'm going to bring the system down!

Doc 26/02/2017 at 4:40 pm

Hello can anyone tell me I have a part time job can I earn 25% of a second job with out the csa taking further money I was told this by the csa officer I was dealing with but not sure if she was telling the truth or not as they tell so much lies.i am struggling to support my self I want to pay for my kids but I need to be able to support me as well.imean it's crazy my ex erns 4 times what I do the the csa system is all wrong...

Dave 31/10/2016 at 3:53 pm

Hello
When they want Cms want money it's gone taken but if they owe you money and been truthful in a tribunal how is this system fair to keep taking money out of a low income
The new system doesn't allow housing or household bills it's not means tested
But car insurance is ???
Funny thing without an address you cannot get car insurance or have a job
This system is flawed it's stealing no gain for children it's corrupt about profit
Using scare and blame tactics to brain wash men mostly that we lawfully have to pay
Ok I'm paying I'm still being bullied over access and cocersive and controlling behaviours
I work ill phone the police if you knock
How is that about my children's needs
I need to pay my child support ok not your administration chargers
I'm in debt because £84 it started out as wasn't enough in profit
So this year 3200 out of 13,500 after tax that's so far they want another £295 month till March £5500 in one year
How is this system allowed to be legal
Children need fathers want
The mother has and the law is an arse and so is child maintenance system

toosoft 11/07/2016 at 4:45 pm

I was paying csa on an attachment of earnings and now I'm paying direct debit, up till last month when it was an aoe I paid £288 for my daughter yet despite not owing a penny in arrears or missing any payments the direct debit went out today and they've taken £384 how can this be right, I've supported all my kids from birth never got any benefits always paid through hard work, she hasn't given our boys a thing since she walked out on them 5 years ago, I now have set them up in there own flat, again she did nothing, yet I'm killing myself every month to pay my bills make sure I help our boys and pay my csa while she sits at home everyday with her partner raking cash in, surely the law needs to change as like many good fathers there is no help off csa for us

Highlander 11/06/2016 at 11:49 pm

I disputed a claim of arrears to the CSA on a case that I opened myself, I told them all my details and complied with all of their requirements up to the point when I started paying my ex-partner directly, after which CSA claimed that I owed arrears. I asked for an invoice and it said that I paid CSA from the day my son was born.
I asked them by telephone "Why would I be paying CSA for a family that I am living with?" I was then asked if I could prove this.
My council tax records show that I lived with my ex-partner and I told them that I wanted to go to court as CSA obviously made some fraudulent claims on my case, instead however they have moved my case to some Ireland based enforcement team who will no doubt try to get the funds directly from my bank account.
I am awaiting word to eventually reach me from these enforcement goons but I have NO DOUBT that by the time I get this mess sorted out they will have already helped themselves to the money that they say I owe.
This is a disgrace and I hope that karma visits these thieves soon!

janey1458 27/01/2016 at 4:25 pm

I have been chasing my ex for payment to his son for 6 years. He has been on and off benefits and lives in his mother's house which is in her name (she is 83) which he and his partner have completely converted (whilst he was on benefits) into a two storey three bedroomed house with a new garage built on the side. He now owns his own car sales business and declares that he pays himself only £150.00 per week salary, the cars he sells are all in his company name. He owes nearly £5000 to my son who is now 10! There is actually no hope of ever receiving anything from him because SCOTTISH LAW allows the unpaying parent too many loopholes to hide in and the child is not supported at all!!

caroline benson-lusc 23/01/2016 at 10:48 am

I have now been on the phone again to the csa, having been told that they can't do anything, My ex husband has been criminally convicted of benefit fraud. Him and his partner were claiming benefits while working really well at Avon(doing very well by all accounts) he falsified his bank statements, his conviction has made their local press!. Not really holding much hope of getting anything as they don't know how to deal with it, not usual to be found out, could go on for months and I was told they have to ask him first!

Stitched up by fraud 31/12/2015 at 7:02 pm

Despite my daughter not returning to school after AS results in June/July 2015 her mother has not declared this and I believe is still fraudulently claiming child benefit. I believe my liability ceased at the end of approved education. My daughter has not attended school or further education at all since beginning of 2015 2016 term (September) and in ignorance of this I continued my direct debit payments for 4 more payments totalling £1200 . While she continues to defraud and flout her legal requirements to give information I am told by CSA that i should continue paying until they themselves decide but without information from the mother this may take for ever !
I have other children which need this money desperately including my daughter in Canada (which despite CSA acknowledging the the proof of regular monetary transfers to her has never included this in my assessment because i pay voluntary !!!). CSA splits families and apportions unfairly and arbitrarily. My ex partner is committing fraud so why should i have to pay further !!

zee 21/10/2015 at 10:34 pm

my husband owes 15000 in child support im going to a tribunal soon because he has said he has no income but i have evidence that he owns his own fishing lake and is running it as a business i have a feeling that everything will be put in his partners name as she sold her house for 250000 to buy it for them how can i enforce payment

june 29/08/2015 at 11:44 am

Hi I was wondering if anyone can help . I have a 3 Children with my Ex and he has stopped paying CSA . Evert time i ring the CSA they say they are looking into this. He stopped paying at Christmas and is now in £3000 of arreas. He is saying that the payments he is being asked to pay is unrealistic and if true is fine BUT he is not declaring his Earings as true . He is self employed and changed directorship of the company he opened to his father so that they can fiddle the Figures . He gets paid a certain ammount and the rest cash . The company is still registered to his Address but claims he does subcontracting for his own company. Also he has said that he is living alone when he is not he has a partner that lives with him who is not registered on the electoral roll at his property . He made himself bankrupt a few years back so he didnt have to pay off his debts . The CSA are now awaiting his new accounts so they can re evaluate his earning but as the figures are false they will come back with hardly anything

Asia 28/08/2015 at 11:48 pm

Csa is 1 big joke if you ask me my daughters dad pays £2pw by standing order he got his girlfriend to close my case I had to pay another £20 administration fees for a new claim when I never received a penny from the first claim he's also running an illegal business of wich I can prove also has £19,000 in savings it took 4 months for csa to get in touch there excuse was my case ad just been left on the shelf there was a point he was working for 5 months I never received anything more nor is there any payments back dated to cover this work period he was also asking to claim back £10 diesel wen he was working id rather he kept the £2 it's an absolute joke it cost you more to be involved with the csa disgrace. My code at the bottom says MUG that says alot doesn't it they got that right when it comes to the csa having your child's best interests at heart haha haha absolute joke.

ChildSupportLaws Editor 10/08/2015 at 10:29 am

The money is calculated from your earnings based on the day-to-day needs of your child and your personal responsibility to your child as the non-resident parent, regardless of what your ex earns.

Wozzer 07/08/2015 at 10:17 am

I am currently working on a low income i currently earn 1400 pounds per month out of this money csa take 400 pounds per month. I have to spend out of the 1000 pound left 241 on car loan and approx 240 per month on diesal to get to and thro from work leaving me with 519 in income that is food and rent. Plus council tax and gas and electric it just doesnt go. My ex wife and partner both have brand new cars with personalised number plates and both work part time how is this deemed to be fair.

Ben Editor 07/08/2015 at 1:57 pm

@Annoyed Dad - you should be able to ask for confidentiality. Your ex shouldn't need see all your financial statements.

Annoyed Dad 06/08/2015 at 1:11 pm

To cut a long story short the whole process is geared towards the benefit of the resident parent - Usually the Mother.

She has taken me to a tribunal over child support and the judge has asked too see 12 months bank statements, which is fine but the problem is my ex wife will get to see 12 months of my financial life. How is that fair? Surely only the transactions relating to income should be shown to the other side NOT how I spend my money?

Taylor. 14/07/2015 at 5:46 pm

I was wondering if anyone knows if fathers are still able to claim back CSA monies from the child's mothers if receipts for clothes trainers,etc are kept and signed by the child's mother and shown to the CSA? Hope that makes sense.

ChildSupportLaws Editor 03/07/2015 at 12:32 pm

@debbie doomy husband - he can complain or appeal against the decision if he thinks he has been treated unfairly, I hope this helps.

debbie doomy husband 02/07/2015 at 8:04 pm

My husband was told oct last year his case is closed and child maintence is no longer payable.His son went back to college last year after the case closed his mother made a mandatory request and the dissission still was in our favour.SHe has appealled again to courts and tribule 4months lateand they excepted it cause she said she was ill and didnt read her mail from sept 14till jan 15 we appealled cause she put in for a mandatory request in nov rwguarding the maintance ceasing so she had been reading her mail we have also overpaid she wants maintence for herson from sept to 16th dec 2014 when he left the family home.Now the csa have changed the date to 10th of dec which my husband doesnt agree with plus he travels to work 60 miles round trip when we asked about claiming for the amount of milkage he does a day they wouldnt except it and aaid he have to pay the same this is wrongbecase the booklet say different .He has no arrears either olease help we do not know what to do now

ChildSupportLaws Editor 29/06/2015 at 2:21 pm

@Si - you might have to take it to court. Firstly, if you need to access your children, you can apply for the form C4, which is an application for an order for disclosure of a child's whereabouts. It would mean you could deal with the payments and access arrangements at the same time. You can also see how much you should be paying via the child maintenance calculator here. Should you not have the money for the hefty legal fees, you can self-litigae, I hope this helps.

Si 26/06/2015 at 6:37 pm

I'm a little concerned at the law how is it I'm made to pay full csa with charges when I would love nothing more than to see my 3 little girls which I have no idea where they are as the ex ran off 3 yrs ago and now I have to pay csa I have no problems paying for my girls but I would love to see them I can't reduce the amounts as I don't know where they live to get access and I can't pay direct cause the csa can't get hold of my ex so I'm left and forced to pay the maximum with charges through no fault of my own how is this legally correct I'm living with a new partner now and her 3 children that depend on my wages now we will have to move to a cheaper home if it's possible this is causing huge upset to the family . I just don't understand how you can cause financial difficulty to one family to help my ex who ran off in the first place thinking the grass is greener and I'm left to suffer at her bad decisions where is the equality and fairness

ChildSupportLaws Editor 03/06/2015 at 11:10 am

@Candlewax - it depends on why it wasn't paid and whether your ex couldn't for reasons such as unemployment etc. However, if this is not the case and you feel that you have been treated unfairly, then, as suggested in the article, you can complain or appeal via whichI hope this helps.

Candlewax 31/05/2015 at 2:04 pm

What do I do when the liability order obtained through the courts isn't paid as agreed and the CSA have closed my case as I'm no longer a priority? I'm owed £6,500 still?

ChildSupportLaws Editor 13/05/2015 at 12:53 pm

@scarednskint - if you think you have been unfairly treatedby the CSA you can complain via whichI hope this helps.

scarednskint 11/05/2015 at 7:19 pm

The csa contacted my husband in Dec, told him he'd overpaid and to cancel the standing order. Next thing we know is a letter saying he owes nearly £800. This has been vigorously pursued by the csa despite them knowing that my husband had a blood clot on the lung at the time, therefore I was dealing on his behalf,I have MS and am badly affected by stress..they threatened to take 60% of his wages immediately he returned to work. We have now proved to them he did not owe anything. I had paid it for him due to the amount of stress it was causing us, and was told by the csa staff member who basically bullied a payment out of me that if they had made an error we would be refunded. I now find this is incorrect information, he will only be refunded his nearly £800 overpayment by way of reduced weekly payments. Do not trust anything the csa say. Despite having proof of being told we would get our money back, they are still refusing to pay back a lump sum that was never owed in the first place. Reduced weekly payments really don't help us when we paid out money we didn't owe,and didn't really have. It seems there is no one who can put this right, but csa staff keep saying we have their sympathy. Sadly sympathy won't pay the bills. Can't believe that proof that it is all a csa error will not get us our money back.

Rachel 02/03/2015 at 8:36 am

Derina, just read your comment, going by past experience you will have to tell csa, they can find out the info you don't know. You can't get money backdated until you phone and log it. I think it's a disgrace as they are suppose to inform csa of changes but nothing they do if they don't. So I advise to phone as soon as you know he is working.

Jacks Editor 02/03/2015 at 12:16 pm

@terror - there is no predicting what the court will decide on. Even though she was being unreliable, does that mean his mother should be totally phased out of his life for ever? Fathers have been subject to this sort of behaviour for far too long, but it works both ways and while I can't understand your frustration she is still entitled to see her son if the court decides. JJ

terror 26/02/2015 at 9:09 pm

I have full custody of my son an had to stop my exs contact as she wasn't turning up an it was effecting his emotional well being an now 6 months later she has decided she wants to see him again an is taking me to court but she has let my son down badly on two separate occasions where ive put a stop to the contact will the court decide for her to be part of his life again knowing full well she is more than likely to let him down again if so how many times will this be allowed to go on for im worried it will end up causing him long term emotional damage an what are the chances of getting a no contact order if she does let him down again

Derina 17/02/2015 at 6:05 pm

Currently get £10 CSA deducted from my ex husbands UB. Will CSA automatically deduct money when he signs off and becomes employed, or do I have to notify them? He won't tell me his address or which company he's working for but I do have his NI number

Donna Kirkwood 19/09/2014 at 8:45 pm

What are the contact details that I need to take steps to take furthur action against CSA and the abscent parent as after 9 years I am still not recieving child maintainence pays properly even when a DEO is in place. I have had enough of ringing csa and listening to the same words week in and week out I can not take this any more it is ridicolous taking 9 years to sort it out and its still not sorted thank you for any help I might recieve

Flaminscoty 27/03/2013 at 9:55 pm

As per my last entry on the 2 March 2012 further news regarding the CSA and their handling of my case!
The case was moved to be heard at tier Two Tribunal.
I and my legal team are still waiting for the result of the hearing.
Even though the CSA know there is an ongoing tribunal they still went ahead to court yesterday in my absence with out even notifying me that they were going to court, and a liability order came in the post today!
I have documentary prove from the CSA to my MP, that thay admitmit that they failed to notify me back in 2007 that my "ex" had gone to the CSA with out telling me!
What my "ex" failed to tell the CSA was that we had made our own agreement and my EX was paying me the Non Res Parent £50 per week for two and a half years!
Why?
Because my son lived with me for three nights a week and I took him to school for three days a week Tue Wed and Thursday.
Now the CSA say I owe her £6825,
I was made redundant two years ago and I am on JSA. I an on a zero rating for CSA according to the CSA!
They even tried to take £35 from my JSA and were forced to pay that back to me as they should have only taken max £5 per week than they found out that I should be on Zero rate CSA as all along the line they made mistake after mistake.
I can even prove today that they lie on the phone.
I was told my case worker was not at work today even though I had just got of the phone and was speaking to her less that ten minutes earlier.
So there you have it The CSA are blatant liers!
So I am now going to take them to ECHR and sue them for malpractice..all being well.
I nearly called the Samaritans today as I cant take any more CSA lies!
Regards to all fellow NRP and (Dads)
I Will keep you posted from prison!
Flamiscoty.

NOV 04/07/2012 at 2:36 pm

My case against me has been closed by the CSA due to me being a non resident in the UK, I have a foreign bank account and get paid in dollars. My case is about to be heard in a Tribunial and Im worried about the out come as Im unable to attend due to my work and the fact I live overseas, I also own a propety in the uk.

gem 15/05/2012 at 12:37 pm

Hi have decided my marriage can no longer go on due to alcohol problems with my husband hes be to aa but didnt think much of it he only went once
The problem I have is that I dont think he pays tax or anything so he doesnt exist how would I be able to make any claim in this case
I have 2 children a son age 4 and daughter age1 and am not working I worked for 18 months and paid my tax which was not much as only worked 2 days a week which I intend to do once my daughter reaches 18mths

beebo123 14/05/2012 at 4:37 pm

hi can someone please help, my csa assessment has just been changed and after months of communication i have now been informed that i am owed over 5,000 from the absent parent in arrears, does anyone know how this is usually paid, will it be in a lump sum or weekly on top of the normal csa payments, im very confused with it all..

thanks in advance for any help

browned off 22/04/2012 at 6:47 pm

I don't find fathers or the CSA a joke. My son is certainly not laughing. He has shared the care of his children for almost 50% of the time, sharing costs of clothes and holidays. By the time he stumps up to his ex. he is left with less than £200 per week to pay all his bills and feed his children when they are residing with him.

His ex. is doing fine. She is a full time teacher on a good salary, claims all the child benefts and has a partner who shares her household bills and who is 'not really living with her'. She is continually crying poverty.

I don't blame the CSA. They are operating within the law. The law needs to be changed to protect by the NRP and the PWC.

Michelle 09/04/2012 at 12:49 pm

You men are a joke! Don't have a child if you can't support it! All you do is moan about how hard you have it....doesn't your child deserve financial support from you?
My daughters father refuses to pay the CSA, claims he can't afford to give anything yet he goes abroad on holiday and buys new tvs and goes to the pub.
I call them every week and get fobbed off over and over and he gets away with it month after month and no one cares.
You fathers and the CSA are a JOKE!

Chippy 08/04/2012 at 10:23 am

I have been to court and was ordered to pay £100 per week off my arrears. I had to agree to this or i was going to prison for 42 days. The experience really frightened me as I have never been to court prior to this.
At the time i could afford to keep up the payments as i had a reasonable wage coming in. Then I lost my job and lately everything has gone from bad to worse after a long period claiming job seekers. My house bills mounting and struggling with every day, i took a local low paid job to try and make ends meet. I am still in arrears with utility bills and rent and can’t really afford to buy food.
I have not been able to pay the amount and have now received an enforcement notice again.
Can i explain to them in writing about my change in circumstances and renegotiate a new payment or am i going to prison for being close to the bankruptcy?
Any help in this matter would be grateful. If i require legal help could anybody suggest someone to help.
If i go to prison that will mean yet another home lost, another job lost, another basic life lost yet again!!

Please Help!

Lloydy 02/04/2012 at 3:18 pm

Hi i have recently had a pre tribunal case turned down due to Out of Time, my complaint is CSA were asked to reassess me May 2004 they waited sixteen months before looking at my assessment , in Sept 2005 i was told i had 7500 arrears. I won maladministration due to time lapse.I have never received a breakdown of arrears or notification letter. I have sent many complaint letters covering how arrears had accrued, amongst other things. In December 2007 i received a letter from CSA stating wrong dates had been used for assessment and ICE would look at this in more detail. Which they didn't, although my question to ICE was how arrears had accrued? In my pre hearing i claimed due to incorrect dates being used this was a Clerical Error, therefore could not be Out of Time, this was ignored by the Judge, on numerous occasions. Also the CSA said the decision letter 2005 was sent to an address i hadn't yet moved to, then changed the address during my first hearing which the Judge had adjourned. The CSA case book notes also show they have been updated to include both addresses. When in the court i feel if i have something important to say, the Judge just ignores what i say.

MissB 26/03/2012 at 7:37 pm

I am living in Australia, my daughters father is in the UK she is now 15 yrs old, he is now over $20,000 in arrears how can I get this back off him as he is self employeed, he told me he would never pay that money back to me. She was 7 yrs old before he started paying anything for her.
Im am under the CSA here in Australia but all they do is send hima statment saying how much he owes , no thing about paying off the debt ehat he also owes.

flimscotty 02/03/2012 at 5:22 pm

The CSA have admitted three times in writing to me and my MP that in 2007 they failed to contact me to say my ex had started a claim and they made an assessment back in 2007 and now are taking me to court for the sum £6825.
My MP pointed out to these people that back in 2007 by failing to contact me thay had prevented me from making any payment by failing to contact me and they have admittedd that they made the mistake not me, but they now insist that I must pay them now and are taking me to court!
Every time I try to talk to these idiots I get the same nonsense thrown back at me. So competant are the CSA, they had to write apologizinging for getting my Son`s name wrong on the enforcement notice!
So if my ex contacted the CSA and said she wanted crown jules then accordingding to the CSA I will be paying a night time visit to the Tower of London with a bag of swag and a face mask on!!

loz 31/01/2012 at 5:21 pm

i am on income support will any of that chance if i start gettin csa for the father?

foz 02/10/2011 at 10:25 pm

i get a pension from the nhs i am diabetic with a severe disability and wont be able to work agan the csa have got a deo of my pension of 160 pound a month after my expense i have no money to live on help please where do i stand when i spoke to them i was told thats my problem

super108 21/05/2011 at 11:40 am

I am trying to reduce costs in a CSA appeal waiting to be heard at a First Tier Tribunal. Is it possible for me (as the PWC bringing the appeal) to apply to the Tribunal for directions rather than have my solicitor do it. If so, how do i go about it, do I merely write a letter to them requesting that they ask for the particular items in questions i.e Tax Returns, Bank Statements etc?
Thank you. I look forward hearing from you.

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