Tribunal hearing

Daisyxxx

Going to my first tribunal hearing in 3 weeks. My son's father is self employed with his own removals business and declaring an income of £100 per week. This has been confirmed by the CSA and the inland revenue. He has just purchased a bungalow for £500,000 in his sole name and there is a mortgage for £400,000. I have sent in evidence of this. How can they possibly believe that the NRP is earning under £100 per week? Because his household is in receipt of tax credits the CSA has refused a variation. His new partner is a dinner lady and on a low income and cannot possibly be supporting his lifestyle. The NRP has not sent in any documents disputing my claims regarding his mortgage etc
Any advise would be much appreciated on what to expect. Where do I stand on this? Is there any point in me turning up to this tribunal as he has not sent documentation and the hearing is a good 100 miles away. Can anyone recommend a solicitor that I can contact at short notice. Thanks

HoneyNutLoop

The tribunal process is intended in design for you to not need a solicitor. The panel should be made up of a judge who is experienced in child support law and possibly a financially qualified member. They will ask their own questions and make findings of both fact and law. It's not like going to court, where the opposing counsels present their cases and then the judge decides between the two.

It is normally in your best interest to attend if possible, so that you can be fully involved in the proceedings, and the panel has an opportunity to ask you questions, should they need to.

The tribunal does not need to be bound by the NRP's tax return as a finding of fact. This has been the subject of upper tribunal consideration and case law now states there is an obligation incumbent on the tribunal to make it's own finding of fact. Edit - Link: http://www.osscsc.gov.uk/Aspx/view.aspx?id=3901
Paragraphs 28 - 39.

There is also case law of a mortgage application being used to make a finding of fact about an NRP's self-employed income. I'll try to come back in the next couple of days with a link to the case. Edit - Link: http://www.osscsc.gov.uk/Aspx/view.aspx?id=3956


Therefore the fact that a variation is precluded because of the tax credits award doesn't mean the tribunal can't reach it's own decision about the level of his self-employed income. Don't forget to remind them, should they forget, to also take account of the tax credit income as prescribed by child support law.

As for advice, just try to be prepared as possible with information and evidence to support your assertion that the self-employed income declared is inaccurate. The mortgage statement is a great help - just try and organise all your information and evidence together to aid you presenting your appeal as clearly as possible. This guidance should help explain: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/child-support-how-to-appeal-eng.pdf

Crellow4

Just to add, the Tribunals process is fairly informal - much less intimidating than other proceedings you may have been involved with. If this is the first hearing I would expect it to be for Directions with the possibility of the appointment of a Financial panel member. The panel has an inquisitorial role so will ask lots of questions of the NRP - if he does not attend they may ask you to fill in any blanks they've identified. Good luck.