CMS court appeal

Hello, hoping someone has some experience of this. I am on the receiving end of a court appeal against the CMS award, but I cannot seem to find out what will happen. In short my ex thinks I am withholding income which I am not, but maintenance did go down as a result of becoming a director. I declared all dividends and income but it still resulted in lower than if I was PAYE. I have offered to pay correct amount voluntarily incl arrears but she won’t communicate with me and wants to go through official channels.

I can see that these appeals can take up to a year, but all I know currently is that CMS have asked me for all my company details and accounts, but also I have had a letter saying ex has gone to HM Court and was I bothered if my place of residence is revealed (I am not).

What happens from here, do I get to see what she is saying to HM courts or does CMS take my info and make a decision.

It’s unsettling to be embarking on a process when no one is able to tell you what the process looks like or what is expected of me.

Thanks

HRabbit wrote:
[quote I have offered to pay correct amount voluntarily incl arrears but she won’t communicate with me and wants to go through official channels.[/quote]

The correct amount is the amount CMS hve assessed. If this has gone down then it's unlucky for her. You could try to use it as a means to come to a private arrangement instead but this looks unlikely in your case.

[quote I can see that these appeals can take up to a year, but all I know currently is that CMS have asked me for all my company details and accounts, but also I have had a letter saying ex has gone to HM Court and was I bothered if my place of residence is revealed (I am not).

What happens from here, do I get to see what she is saying to HM courts or does CMS take my info and make a decision.

It’s unsettling to be embarking on a process when no one is able to tell you what the process looks like or what is expected of me.

Thanks[/quote]

I imagine when you say HM Court you mean a tribunal? There will be a Chair and a couple of advisors. You won't even need to attend if you don't want to and are happy that CMS have all the required paperwork. I was involved in several of these many years ago due to a vindictive ex and as I was happy with the information the CSA (as was then) had let them crack on with it.

None of them was ever found in the ex's favour as CSA had all the correct figures and the assessment was correct.

Thank you WYSPECIAL.

No there is no chance of reasonable discussion, or indeed any discussion. My solicitor and barrister handling the divorce said they had never seen such bitterness and desire to harm the other side at any cost(including the truth) in their long careers.

As you indicate, I am comfortable that I have continued to tell the truth, provide the correct figures and try to come to suitable voluntary arrangements but even so, I do not sometimes understand how they come to the decisions they do.

So I have a long wait to find out and not sure whether to hold money back, or even if the appeal is against what I paid last year and she wants back pay, or if it is restricted to this years(from May) and is about recalculating moving forward.

As many experience, it is impossible to speak to anyone at CMS that can give a knowledgable overview of the situation, it is someone different every time that has to look at notes and say they cannot see anything and that they will ask my case worker to call me back, but they never do. Has anyone ever managed to speak to their case worker?!

Thanks again.

Hi - sorry no practical advice for you but oodles of sympathy regarding the CMS! They are a shocking service and I have no faith in them. I am in a similar situation re anger/bitterness in the divorce process. I am constantly amazed that the CMS runs as it does - surely there should be an awareness that they are only needed in cases where feelings are running high!?

Anyway good luck - Judith

You need to continue paying the assessed amount.

Pay exactly what they say you should and they can never take any draconian action against you.