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  • FIRST POST
    • wilsosu
    • By wilsosu 6th Feb 18, 2:53 PM
    • 1Posts
    • 0Thanks
    wilsosu
    CMS Tribunal
    • #1
    • 6th Feb 18, 2:53 PM
    CMS Tribunal 6th Feb 18 at 2:53 PM
    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
Page 1
    • Comms69
    • By Comms69 6th Feb 18, 5:30 PM
    • 2,970 Posts
    • 2,939 Thanks
    Comms69
    • #2
    • 6th Feb 18, 5:30 PM
    • #2
    • 6th Feb 18, 5:30 PM
    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
    Originally posted by wilsosu
    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).
    • Hb3437
    • By Hb3437 15th Feb 18, 11:31 PM
    • 1 Posts
    • 1 Thanks
    Hb3437
    • #3
    • 15th Feb 18, 11:31 PM
    • #3
    • 15th Feb 18, 11:31 PM
    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.
    • Round The Bend
    • By Round The Bend 22nd Apr 18, 5:27 PM
    • 275 Posts
    • 192 Thanks
    Round The Bend
    • #4
    • 22nd Apr 18, 5:27 PM
    • #4
    • 22nd Apr 18, 5:27 PM
    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.
    • Gingernuts36
    • By Gingernuts36 8th May 18, 9:44 AM
    • 5 Posts
    • 0 Thanks
    Gingernuts36
    • #5
    • 8th May 18, 9:44 AM
    • #5
    • 8th May 18, 9:44 AM
    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 x
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