Question about Change of Circumstances and Upper Tribunal

LittleJohn

Hi

I have a question about the situation I find myself in. My ex is appealing with the Upper Tribunal based on a date in 2007. Can I presume that it is fairly informal like the Lower Tribunal and that I do not need to have legal representation?

Since May 2010 I am on a day rate 2/3rd of what I was on in 2007.

The Upper Tribunal will be assessing me at my old rate and will determine what I have to pay from that date onwards. How do I submit a CoC for my new daily rate? I have telephoned the CSA and they want to wait until I have a tax notification/accounts, this could be up to a year off and I will be paying around 25% of my income rather than 15%. I only have the one child.


I have some control over my income, I work with a limited company and can determine my own salary. I am thinking that if I increase my monthly salary I could submit a change on that basis. This is then assessed and the appeals process could be followed again. Is this possible? Once the Upper Tribunal do decide what I have to pay, does this override any more recent CSA decision. What do I do in this situation?

Many thanks

JulietAmber_2

I can't answer all the questions but this one - the CSA told us that they can use 3 months of accounts to work out maintenance payment. Therefore May - September is more than enough.
I think they are delaying to ensure you pay the higher rate based on your old earnings.

LittleJohn

Thank you JA - never thought of doing interim accounts, but not sure if that is possible in my case, my accountant does the annual ones etc. Sounds similar to just submitting payslips.

bdt1

Your ex is very unusual to get to Upper Triunal, as this can only happen on a point of law. Lower Tribunal either didn't apply law correctly or did not follow procedure, which in my experience is very unusual

bdt1

Any decision made by Tribunal will then mean CSA have t o recalculate and override previous decision, yes, you can amend your income, ut won't this appear very suspicious? But as previously said in Ltd Co you can pay yourself any salary yu choose. The ex can also apply for your dividends to be considered, so prepare for this

CSA_Help

bdt1 wrote: »

Your ex is very unusual to get to Upper Triunal, as this can only happen on a point of law. Lower Tribunal either didn't apply law correctly or did not follow procedure, which in my experience is very unusual

Happened at my lower tribunal. Idiot judge couldn't see through his thick rimmed glasses and couldn't see the relevance of dates.

LittleJohn

bdt1 wrote: »

won't this appear very suspicious? this

No, hope not, as the income into my company has gone down (by a 1/3rd). The salary I pay is less and the difference is retained in the company. No divs are taken. I am hoping that my ex will then appeal again and my new company income will then be assessed.

Yep, appeal to Upper Tribunal, we are just doing the submissions at the moment, guess the next stage is another hearing!

JulietAmber_2

All you have to do is ask your accountant (or do it yourself) to do a monthly summary of profit and loss. It will look something like this:

September

Gross Profit £xxxx
Allowable expenses £xxxx
Tax

Net Profit £xxxx

Do this for 3 months, add net profits together and divide by 3 and you have your average monthly income. The CSA can't argue with that - it's all laid out.
Hope this helps.

LittleJohn

Thank you SA, I think I can do the figures so will give it a go.