CMS Tribunal
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wilsosu
Posts: 1 Newbie
Hi
I am due to attend a CMS tribunal in Aug 18. My ex is self employed and claims he earns minimum wage and therefore I have requested a tribunal to understand the true amount he earns and have fair maintenance payments for his 2 children.
As anyone had experience of these tribunals as I don't know what to expect.
Does anyone have an idea of how he could be diverting income?
Would I need representation as my ex will more than likely have some.
Thank you
I am due to attend a CMS tribunal in Aug 18. My ex is self employed and claims he earns minimum wage and therefore I have requested a tribunal to understand the true amount he earns and have fair maintenance payments for his 2 children.
As anyone had experience of these tribunals as I don't know what to expect.
Does anyone have an idea of how he could be diverting income?
Would I need representation as my ex will more than likely have some.
Thank you
0
Comments
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If he is employed by a ltd company for example and he earns the NMW, then that is all he earns (even if his company makes millions).Hi
I am due to attend a CMS tribunal in Aug 18. My ex is self employed and claims he earns minimum wage and therefore I have requested a tribunal to understand the true amount he earns and have fair maintenance payments for his 2 children.
As anyone had experience of these tribunals as I don't know what to expect.
Does anyone have an idea of how he could be diverting income?
Would I need representation as my ex will more than likely have some.
Thank you0 -
He is most likely taking out dividends from his company as an income. All income should be taken into account when working out the amount of maintenance he pays regardless of it being a wage or dividend or something else such as income from rental properties. Hope this helps.0
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You could try to apply for a 'Variation of Income', on the basis that he is paying himself via dividends from his company. The variation requires the CMS to assess other sources of income, not just PAYE. If you believe that he may be diverting income via a partner or friend, you can request that the case be referred to the 'Financial Investigation Unit', which assesses more complex cases. It may also be worth writing to your MP, as there is a special unit at the CMS that deals with enquiries from MPs and is a significant step-up from most frontline staff, based upon my experiences. Here's a useful link in respect of preparing for a tribunal:
https://homelyeconomics.com/about-child-maintenance/
Good luck and please update, once you have had your tribunal.0 -
I can t offer any advice but find myself in a similar position CMS-wise. Can I please ask how long it has taken to get to tribunal? And the costs for the tribunal are payable by whom? I worry that if I lose, I ll be liable for court costs. Thank you x0
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