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Child Maintenance Service

brilliantjbrilliantj Member Posts: 28 Connected
edited October 2019 in Finances and extra costs
Sorry if this isn't the appropriate forum but any advice would be welcome.  I am a carer for my son and mother.  Until my son reached 20, I got child maintenance from my ex husband through the CMS.  He has asked for several mandatory reconsideration's, as he did not agree with their calculations.  They did not go in his favour and now he's appealed to the tribunals service.  I have received papers from the Tribunal service which say I am the other party.  I've spoken to them to say I don't understand what I am supposed to do, as his differences are between him and the CMS.  They said I have to prepare a counter case.  I don't have any access to his finances and CMS won't tell me anything.  If the CMS have made a mistake and the tribunal find in my ex's favour does that mean I will have to pay it all back!  Sorry but I am panicking a bit.
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Replies

  • Adrian_ScopeAdrian_Scope Testing team Posts: 8,001

    Scope community team
    edited October 2019
    Hello @brilliantj. What a difficult situation and it's unfortunately not one I have much experience with, I must admit.
    It might be worth you getting in touch with your local CAB for advice or putting your postcode into https://advicelocal.uk/ to see if there's anyone else in your area who may be able to support you through this and answer your questions. 
    Community Manager
    Scope
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  • brilliantjbrilliantj Member Posts: 28 Connected
    Thank you Adrian. I’ll do that 
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  • Adrian_ScopeAdrian_Scope Testing team Posts: 8,001

    Scope community team
    Hi @brilliantj, how are you getting on? Have you made any headway with this?
    Community Manager
    Scope
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  • brilliantjbrilliantj Member Posts: 28 Connected
    Hiya,  Yes I spoke to a solicitor.  He advised to remove myself from proceedings, as my ex's dispute is with the "Secretary of State" and their calculations, not me.  He advised to send background evidence (like family circumstances) if I had any, to "help" the tribunal, but to let them know that I would not be attending with legal representation and to give no opinion either way.  I've written to the judge with up to date information and hopefully, I won't have to attend.  He did say that my ex has listed me as a respondent, because I could be liable for his costs if he loses. NICE! I'll keep you informed if there is anything else that happens.  Thank you for checking, it's nice to know someone is looking out for me. :)
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  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    Hi @brilliantj, I'm glad some progress has been made, please do keep us updated. :)
    Scope

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  • Adrian_ScopeAdrian_Scope Testing team Posts: 8,001

    Scope community team
    Hi @brilliantj and thanks for coming back and letting us know. I'd be really interested in hearing how this turns out for you, so please let us know how you get on and if there's anything we can advise as this progresses, just ask!
    Community Manager
    Scope
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  • brilliantjbrilliantj Member Posts: 28 Connected
    Thank you Adrian :)
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