Start new thread in this topic | Watch this thread | Flip this thread | Refresh the display Add a message; This is page 1 of 1 (This thread has 6 messages.) Gingerbread Single Parent Helpline Freephone 0808 802 0925 Challenging your CSA child maintenance calculation June 2016 Page 2 First steps Before taking any formal action, such as applying for a revision, supersession, variation or appeal, contact the CSA to find out more. Most Tribunal cases have only 2 parties: the appellant and the first tier agency that made the decision which is being challenged (the respondent). Tel: 01207 693966 . NACSA guided the client through Appeal Tribunal and won the case. The guidance notes explain how to appeal a decision about Child Maintenance. CSA had to send copy correspondence and assessments from 2003, together with addresses […] Loverock House, Brettell Lane, Brierley Hill, West Midlands, DY5 3JN. SWD75 Wed 07-Mar-18 22:15:28. When you’re getting ready for a child maintenance tribunal, it can be easy to feel overwhelmed and stressed. After getting copy file we noticed alot of errors and appealed. If the letter telling you about your child maintenance decision is dated before 28 October 2013 then different rules apply. I have a son with my ex and who has since gone on to have twins with his now ex. Some examples of when to appeal are: The CSA has refused to make a calculation, or to revise or supersede a decision Check when and how to appeal. We have used footnotes where relevant to tell you about the different rules. The Tribunal ruled the case was to be reviewed as we had argued. Share this page. CSA Tribunal Preparation and Tribunal Representation . Challenging your Child Maintenance Service calculation This factsheet explains what to do if you think you’re not getting the right amount of child maintenance from the Child Maintenance Service (CMS). CSA Tribunal and Tribunal Representation . When the Child Support Agency, or the Child Maintenance Service, makes a decision on a child maintenance claim and either parent feels the decision is incorrect their only real option is to take the matter to appeal. The tribunal will be run by HM Courts and Tribunals Service (HMCTS) and overseen by a judge. You can make a new application by visiting Child Maintenance Options. If you are an employer who pays your employees' child maintenance through their earnings, click on this section. CMS Tribunal sham. Send us a message online if you are logged into your self-service account. Digest of Procedural decisions ; Decisions of Upper Tribunal Chambers. Upper Tribunal. For cases based in Great Britain. The First-tier Tribunal was faced with an appeal brought by a parent with care against the Secretary of State' s refusal to vary the usual child maintenance calculation rules. I haven't been to a tribunal for child maintenance for over 15 years, so it may have changed, but certainly then, the purpose of the tribunal was to make a decision on a variation and they took arguments from my side as the resident parent with care. (i) to the Upper Tribunal in an application for permission to appeal or notice of appeal; (ii) to the Upper Tribunal within 1 month after an enquiry by the Upper Tribunal; or (iii) to the Secretary of State, the Child Maintenance and Enforcement Commission or the Upper Tribunal when notifying a change of address after proceedings have been started. How can I appeal against a child maintenance decision? Heroic, long-standing Fathers4Justice supporter Charles Adams, has won his case against the Child Maintenance Service to the extent they now owe him money, but conceded he has lost his son as a result of long-term parental alienation. NACSA are child maintenance specialists in all three schemes of child maintenance calculation, including support for HM Courts and Tribunal proceedings . Child Maintenance Advice More info. CSA Tribunal representation and preparation . I may, of course, be wrong. Page: 1; TOPIC: CMS Tribunal sham. Problems with child maintenance payments and debt? The wording of the OP leads me to believe that the ex is going to tribunal to challenge the current assessment with an argument about child care but that he has also increased his pension contributions since the assessment and is therefore also asking the CSA, not the tribunal, for a new assessment on the grounds that his circumstances have changed. 17: What happens at the appeal hearing? 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. We have moved to a new reactive Mobile and Tablet Freindly Website CLICK HERE Child Maintenance Advice . 20: Where can I get more help and information? Find decisions on appeals to the Upper Tribunal (Administrative Appeals Chamber), including social security and child support appeals. You can also contact CMS if you’re unhappy with the service you’ve received. 18: What happens if the tribunal changes the original decision? The child maintenance tribunal is also known as the Social Security and Child Support Tribunal. The child maintenance tribunal will deal with appeals relating to a child maintenance decision within one month of getting the mandatory reconsideration decision. I used to chair these appeals under the old system and they are about fact finding, but Tribunal Judges can only remit the case for a recalculation. You should use this form to appeal a decision made by the Child Maintenance Service. 15: What happens when HMCTS get my appeal? Call us on 01384 572525. CSA 3 Calculator More info. Page feedback * Help improve … If your case is based in Northern Ireland, please click here. 19: What changes to my circumstances must I tell the CSA about? We can help! × Child Maintenance Tribunals (6 Posts) Add message | Report. ... You can appeal to a tribunal if HM Revenue and Customs (HMRC) didn't change their decision when you asked for a mandatory reconsideration. Investigations showed that a review of maintenance had not taken place many years prior. You’re not alone – everyone feels stressed about having to attend a tribunal. Administrative Appeals; Immigration & Asylum; Lands Tribunal | Decisions appealed to the Appeal Court; Tax and Chancery; First tier Tribunals. Asylum Support. Tribunal Decisions. This includes decisions made from January 2016 onwards. My ex, the NRP, didn't turn up, but I assume they would have looked at her arguments should she have attended. She has also had a letter for the tribunal but has said she's not attending. Basically CSA had an assessment dated 30th October 2008 for the period 2004-June 2007 for £97.84pw. However, before you can appeal, you must contact the Child Maintenance Service (CMS) to ask for the decision to be looked at again. I have been asked if I’d want to attend a tribunal for a child maintenance appeal. Professional CSA advice at an affordable cost . What and who we deal with: CMS Tribunal Representations All Child Maintenance Tribunals adopt an inquisitorial approach during a hearing when trying to find the facts. Documents. The next step after a mandatory reconsideration is an appeal to the Tribunal again within 28 days. Heroic F4J dad WINS battle against the Child Maintenance Service but loses son to Parental Alienation. Mon - Fri 9.30 - 15.00. You may be wondering what the tribunal will be like, how formal it will be, and what you have to do to prepare for it. Hi All, This isn’t AIBU but need some help. The DLS legal team is lead by Michael Smith LLB, who has 25 years experience working with both the Child Support Upper Tribunal and Child Support First Tier Tribunal. The Child Maintenance Group and the other person(s) involved in the appeal all have the right to object to a late appeal if they think there are grounds to do this. We offer advice built on genuine experience of working with the Child Maintenance Service and Child Maintenance Tribunal; Once you have calculated the appropriate level of child maintenance, which can be done through the Child Maintenance Service website, you do not have to involve the Child Maintenance Service if you don’t want to. Guidance notes to appeal a Child Maintenance decision PDF (236 KB) Form to appeal a decision about your Child Maintenance PDF (345 KB) Help viewing documents. 19: What happens if the tribunal decides the original decision was correct? So it was the parent with care' s appeal. Toggle navigation … Does anyone know what they're like? If following this you remain dissatisfied, you can make a complaint. Mon - Fri 9.30 - 15.00. The law regarding how you appeal against a child maintenance decision changed on 28 October 2013. Child maintenance disputes can be highly technical given the panoply of statutory instruments and hard-to-find Upper Tribunal decisions which inform the powers of the CMS and of the First Tier Tribunal. We’ve been given the right to appeal a CSA maintenance assessment from 2008 by Tribunal. While the First-tier Tribunal has an inquisitorial function, it cannot turn a respondent into an appellant – the appellant makes a case and the respondent responds. CSA refused to do so . Saturday and Sunday CLOSED . Child maintenance will only assess income on earned income that is declared and taxed and their are lots of ways a non resident parent can divert income and minimise for child maintenance purposes. CMS Tribunal sham 2 years 3 months ago #93815. » Child Maintenance Tribunals. Find out if you can appeal your Child Benefit mandatory reconsideration decision. Sometimes, parents need to appeal to HM Courts and Tribunal service to dispute a decision made by CSA, but the process for lodging an appeal has now changed. Recent decisions; Landmark decisions; Care Standards . Call us on 01384 572525. When the Child Support Agency, or the Child Maintenance Service, makes a decision on a child maintenance claim and either parent feels the decision is incorrect their only real option is to take the matter to appeal. Despite what may have been the best intentions of the founders of the CMS and the tribunal system, these disputes are best handled with expert legal assistance. COVID-19: for guidance on adjusted procedures, including the use of remote hearings, during the 2019 coronavirus disease (COVID-19) pandemic, see Practice note, COVID-19: implications for family law practitioners . The debt was originally thought to be approximately £10,000 but was later realised to be nearer £37,000. This is called mandatory reconsideration. Recent decisions Just so my husband has an idea of what to expect Thanks in advance! Adamski28; Topic Author; Offline; Fresh Boarder Posts: 17 Thank you received: 1 Hello, I was unlucky enough to be able to attend a CMS Tribunal last week which was for 2 separate appeal. It is definitely worthwhile going going to a tribunal as the judge will not just take declared earned income into account but look at the whole picture. A guide to the process of appealing a statutory child maintenance decision to the First-tier Tribunal, the Upper Tribunal and the Court of Appeal. Appeal, but you must first ask for a revision (also known as a Mandatory Reconsideration). About Us More info. Appeals are decided by an independent tribunal, which has the power to get much more detailed information from your child’s other parent and from the CSA. 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