Best way to apply for a variation to miserly CMS decision

KatieBW123

I am not in court proceedings with my ex partner although I may ultimately end of having to make a schedule one application over issues pertaining to secure housing for our son. I had been advised to make an application to the child maintenance service as there has been no fixed arrangement since I left 4 years ago. CSM have come up with a dismal figure of £60 pcm based solely on hmrc info. My issue is this: my ex partner is incredibly asset rich and I understand I can apply for a variation. I would like to do this prior to any prospective family court proceedings and without a solicitor. His primary residence is worth £5m. He has another house worth maybe £1m and receives £3k a month rental from this (before fees). He is older so works much less but he has a cash-paying side hustle which he does not declare to the revenue. He has many assets inc gold (!) worth maybe £1m and savings maybe £600k. He is able to financially support his adult children. So I do not believe the CMS figure in any way reflects his financial position. I don’t want to get him into trouble but I do want what my son needs and what’s fair. There is no chance of arranging between us as he is extremely bullying and volatile, particularly over money. What I’m really trying to get advice on is how to apply for the variation as a civilian and get the result that an expensive solicitor might?!

tightauldgit

You can ask CMS for a mandatory reconsideration of the decision but you will need to provide evidence of what you think is incorrect in the decision. How to do this should be on the letter you received from CMS. It really should be done within a month of the decision. 

In my experience family courts aren't really interested in questions of child maintenance since the default is whatever CMS say they should be paying. 

If the mandatory reconsideration doesn't give you the result you want you still have the option to appeal to a tribunal later but you need to do the mandatory reconsideration first. 

The tribunal is quite detailed and will go through his bank accounts etc so if he does have an undeclared side hustle it may well be brought to light. 

Generally though CMS payments are based on income not savings (though I appreciate there are exceptions). More info ... https://www.citizensadvice.org.uk/family/children-and-young-people/child-maintenance1/challenging-what-the-cms-says-you-should-get 

Twixty3

You can apply for an additional income variation.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/336730/variations-explained-receiving.pdf

There was also consultation in March 2022 on  unearned income and new rules will likely follow from that. 

JJWSJS8700

KatieBW123 said:

I am not in court proceedings with my ex partner although I may ultimately end of having to make a schedule one application over issues pertaining to secure housing for our son. I had been advised to make an application to the child maintenance service as there has been no fixed arrangement since I left 4 years ago. CSM have come up with a dismal figure of £60 pcm based solely on hmrc info. My issue is this: my ex partner is incredibly asset rich and I understand I can apply for a variation. I would like to do this prior to any prospective family court proceedings and without a solicitor. His primary residence is worth £5m. He has another house worth maybe £1m and receives £3k a month rental from this (before fees). He is older so works much less but he has a cash-paying side hustle which he does not declare to the revenue. He has many assets inc gold (!) worth maybe £1m and savings maybe £600k. He is able to financially support his adult children. So I do not believe the CMS figure in any way reflects his financial position. I don’t want to get him into trouble but I do want what my son needs and what’s fair. There is no chance of arranging between us as he is extremely bullying and volatile, particularly over money. What I’m really trying to get advice on is how to apply for the variation as a civilian and get the result that an expensive solicitor might?!

Have you got any further?

You need to ask for a variation,
a form, lifestyle inconsistent
with income.
Explain his rental income that’s the one that is classed as earned income.

Is the £60 from his rental income or has he got a job/self employed.

Assets  over £65,000 use to be take in consideration, so he’ll have plenty.