turn the tribunal back on her?

creampuff

hello

my husband and i (NRP & NRPP) have a tribunal coming up for lifestyle inconsistent.

Please can soemone tell me what to produce to support us in this hearing.
Also, letters from the ex to the CSA claim the children are hard done by and impoverished. I have evidence of her extravagent lifestyle including pictures and details of her spending which clearly show the children are not impoverished, or if they are, it's because she is spending the money on other things and the children are going without... at the hearing, when our lifestyle comes up, could we counterclaim her acusations with our evidence of her lifestyle and would this help us??

thanks for any advice x

bdt1

Ok, we also attended a Tribunal hearing in 2005 when my hubs ex (he's NRP, I'm NRPP) was alleging lifestyle inconsistent with declared earnings. In truth, she had no knowledge of our financial situation at all, and we were able to produce lots of financial info in our defence.

The Tribunal looked at how much, and what we had coming into our household, then asked for evidence of all of our regular bills such as Council Tax, Water rates, mortgage etc etc, which was easy to back up.

They were very particular about our lifestyle and exactly how we managed our finances, asking about our childrens hobbies, how much we spent on school lunches, petrol, clothing, food, and asked us about any holidays we had taken.

The ex produced pics of our new home as well as brand new car on our drive, what she didn't know was that the car was a Company car that I had, not my hubs! And the house we had bought at a rock bottom price as the sellers were moving abroad - again easily proveable. In the end she lost the case!!!!

With regard to looking at her finances and whether she spends the child support/child benefit money on herself or the children is immaterial, you cannot take her to a Tribunal based on the fact you don't agree with how she is spending the money, ultimately it is up to her! What you can do is make sure she isn't claiming for anything fraudulently or dishinestly by asking CSA for a benefit check, ours threw up an 18yr old not in education that PWC was still climing child support for, despite no Child Benefit been paid for many months. Also if you have the child/children overnight check your assessment is correct and that this is taken into account (If on CS1)

Good luck the Tribunal will grill you but if you genuinely have nothing to hide then you needn't worry

bdt1

Also, just to add, if you have any letters about any arrears, or the fact that you are behind on certain bills these can be produced also to support that you are not 'living the life'. Maybe a bit intrusive but necessary to win a case maybe

creampuff

Hi thansk for the info.

Will the tribunal contact us and ask us to send this info or will they ask us to bring it on the day?

i'm not worried about the PWC spending the money on whatever, but she is claiming that the children are impoverished. she doesn't work but her hubby does... and her lifestyle is way above someone who doesn't work and what her husband brings in... i'd like to throw a spanner in the works for her as she is lying to the CSA about us.

missbunbury

As far as I know the parent with care's finances will have nothing to so with this and I would avoid bringing them up. The tribunal is not interested in the argument between you and the other party and who is "right", they are there to decide on one issue - whether you have a lifestyle which is inconsistent with the income you have declared.

Without knowing more about your case, I can't say what her chances of success are. She will have her own evidence, which I should have thought you'll already have seen, if she has previously applied for a variation (if it's old rules I don't know about this) so what you should concentrate on is any evidence that contradicts what she is saying.

As bdt1 says, she may have evidence of things that are irrelevant to your actual income like company cars, in which case make sure you have all the documentation to prove this. If it's a new rules case and your partner's income is providing things that your income alone wouldn't cover, then show evidence of this.

bdt1

creampuff wrote: »

Hi thansk for the info.

Will the tribunal contact us and ask us to send this info or will they ask us to bring it on the day?

The Tribunal Judge will most probably write to you prior to the hearing to ask for specific evidence be produced by yourself, but it is in your best interests to submit any additional evidence or info in support of your case. The responsibility is yours remember to clear your name!!!

AS others have said the Judges are simply not interested in the ins and outs of the relationship breakdown and cat fights between PWC/NRP, and if you start to !!!!! about the other party this may act against you.

Keep things very clinical and factual, do not let emotions enter into it, this is a financial hearing, nothing more, you need to prove your innocence, and please do all you can as believe me, CSA are dangerous as they are incompetent, so make this CSA Tribunal your hobby until your case is won

bdt1

Sorry, just to add, if you submit evidence on the day, or just prior to the hearing, Judge is likely to adourn, as he will not have had time to peruse documents submitted so late, and also remember that PWC will be copied into anything you submit although you can ask for editing, if the Muppet with the marker pen can manage it - didn't in our case so breach in DP Law, but thats another story

kelloggs36

I was pipped at the post! Was about to advise that her lifestyle is totally irrelevant to the case - it doesn't matter what she spends the money on, or what her lifestyle is it is yours that is in question and whether you are therefore paying the correct amount of child support. What evidence has she supplied so far?

Fission

creampuff wrote: »

my husband and i (NRP & NRPP) have a tribunal coming up for lifestyle inconsistent.
Please can soemone tell me what to produce to support us in this hearing.

Evidence that your lifestyle is in line with the income used in the calculation. Nothing else is relevant.

creampuff wrote: »

Also, letters from the ex to the CSA claim the children are hard done by and impoverished. I have evidence of her extravagent lifestyle including pictures and details of her spending which clearly show the children are not impoverished, or if they are, it's because she is spending the money on other things and the children are going without... at the hearing, when our lifestyle comes up, could we counterclaim her acusations with our evidence of her lifestyle and would this help us??

The circumstances of the pwc are not relevant.

F

creampuff

thank you all for your comments. - really thankful.:D

she hasn't submitted anything, just a long drawn out letter claiming to know everything about us and our house - no actual evidence- just kicked up a stink and by the looks of things, i think the tribunal are only going ahead to shut her up.

She is going down the children impoverished route, i just thought maybe prove otherwise - but by peoples comments - it's not worth doing it.

xxx

kinksfan

good luck, is this a sly way of the PWC getting access to the financial situation of a NRP? Or is the confidentiality of NRP respected? does the tribunal say we have looked and we think it is fair or do they say to PWC we have looked and here is the situation this is how much he has spent of holidays, this is how much his partner earns etc - surely the PWC should just get result of investigation not the details..........