Introduction
Are you struggling with child maintenance decisions and unsure of your rights? This guide will help you understand how the Child Maintenance Service (CMS) calculates support payments, what to do if you disagree with their decisions, and how to navigate the review process. If you need further assistance, Contend’s highly trained AI legal experts are here to provide guidance and help you resolve your legal issues. With Contend, accessing legal help in the UK has never been easier.
The Child Maintenance Service (CMS) is responsible for calculating how much financial support you should receive for your child. However, if you believe their calculations are incorrect or your situation has changed, you have options to challenge their decisions. Here’s a straightforward guide to help you navigate this process.
How Does CMS Calculate Child Maintenance?
CMS uses a specific formula to determine the amount of maintenance a parent should pay. If you’re unsure how they arrived at the figure, you can use the CMS calculator available on the GOV.UK website or reach out to an adviser for clarification.
When Can You Challenge CMS Decisions?
You can request a review of the CMS’s decision if:
- You believe they made a mistake.
- Your circumstances have changed (for example, if your child no longer stays overnight with the paying parent).
- You suspect that the paying parent has additional income or assets that the CMS didn’t consider.
Steps to Request a Review
If you think the CMS decision is incorrect, you can ask for a “mandatory reconsideration.” Here’s how:
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Contact CMS: You can call them, write a letter, or use your online account if you have one. Writing is recommended so you have a record of your request.
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Provide Your Reference Number: Make sure to include the 12-digit reference number from the letter you received about your maintenance amount. If you can’t find it, you will need to provide your name, address, and the name and birth date of the child involved.
- Explain Your Reasons: Clearly state why you think the CMS’s decision is wrong.
- Time Frame: You must request this reconsideration within one month of receiving the decision letter. If you’re close to the deadline, it’s better to call instead of writing.
What If You Miss the One-Month Deadline?
If you miss the one-month window, you can still request a reconsideration. You’ll need to explain why your request is late. The CMS may still accept it, but there are no guarantees. If they refuse, you can appeal to a tribunal within 13 months of the original decision.
After the Review: What Happens Next?
Once the CMS reviews their decision, you will receive a “mandatory reconsideration notice” detailing the outcome. Keep this notice safe, as you’ll need it if you decide to appeal further.
- If the decision changes, the new maintenance amount will be backdated to the original decision date.
- If the decision remains the same, you will continue to receive the original amount.
Appealing to a Tribunal
If you disagree with the outcome of the mandatory reconsideration, you can appeal to an independent tribunal. This process is free, and you don’t need a lawyer. Make sure to appeal within one month of receiving the reconsideration notice.
Reporting Changes in Your Circumstances
The CMS reviews maintenance payments annually, but you can request a review if your circumstances change in the meantime. For example, if your child stops staying overnight with the paying parent, you should notify the CMS as soon as possible.
Important Changes You Must Report
Certain changes must be reported to the CMS, including:
- Your child no longer being eligible for child maintenance (e.g., finishing education).
- Changes in living arrangements (e.g., moving abroad).
- The death of your child or the paying parent.
Failing to report these changes can result in fines, so it’s crucial to stay on top of your situation.
What If the Paying Parent’s Income Isn’t Fully Considered?
If you believe the paying parent has income or assets that the CMS hasn’t accounted for, you can request a “variation” to your maintenance calculation. This could include additional income from rental properties, investments, or other sources.
How to Apply for a Variation
To apply for a variation, you can use your online account or write to the CMS. As with the reconsideration request, include your reference number and provide details about the additional income or assets.
Conclusion
Navigating child maintenance can be complex, but understanding your rights and options can empower you to ensure that you receive the correct support for your child. If you have any questions or need assistance, don’t hesitate to reach out to the CMS or try Contend’s legal expert chat. Contend’s highly trained AI legal experts will work with you to provide guidance and help you understand and resolve your legal problems. For more information on making appeals or complaints, visit the GOV.UK website. Contend is the Easiest Legal Help in the UK.
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