Child Maintenance Tribunal

The child maintenance tribunal is also known as the Social Security and Child Support Tribunal. For parents who need to understand the child maintenance tribunal process, especially if they are thinking about challenging a Child Maintenance Service decision, it deals with appeals made within one month of the mandatory reconsideration notice, with the time limit counted from the date on the decision letter, and a late appeal can still be requested up to 13 months from that date if you give reasons for the delay. This guide explains what the tribunal is, when you can appeal a child maintenance decision, how to appeal, how to prepare for a hearing, and how family lawyers can help where a decision affects your financial responsibilities and the support arrangements for your child. There is no tribunal fee to appeal a CMS decision, and the process is designed to be accessible.

In order to make an appeal to the child maintenance tribunal you will need to complete the form SSCS2. When completing the form, you should include your 12-digit reference number on all correspondence and forms to ensure your case is correctly identified and processed. You will also need to confirm whether you want your appeal to go to a tribunal hearing to allow you to explain your case or whether you want your appeal to be heard on the form and based on supporting evidence you provide.

A parent is able to appeal a decision if one or more of the following situations apply:

• Where a parent believes the amount worked out for maintenance is incorrect,
• Where the Child Maintenance Service make a default maintenance decision based on a lack of information;
• Where the Child Maintenance Service refuse to work out a new amount of child maintenance after being notified of a change in circumstances
• Where the Child Maintenance Service refuses to cancel a default maintenance decision
• Where a parent disagrees with the changes the Child Maintenance Service makes to its decision when it is asked to reconsider the decision
• Where the Child Maintenance Service refuse to reconsider its decision when asked for a review within the one month allowed
• Where a parent feels the Child Maintenance Service have made a decision that should have taken effect from a different date 
• Where a parent believes the CMS decision was based on a mistake or that incorrect information has been used by the Child Maintenance Service to make a decision
• Where a child maintenance decides to cancel a case for child maintenance

For example, if the CMS decision was made using outdated income information, you may have grounds to appeal.

Parents may quite often not be happy with the way their child maintenance matter has been dealt with and maybe considering an appeal. However it is important to note that a parent will not be able to make an appeal to a child maintenance decision in the following circumstances:

• Where they deny being the parent of the child in question
• Where a parent is not happy with the service they have received from the Child Maintenance Service
• Where a parent wants to make an appeal against a deduction of earnings order (as this will need to be addressed by a county court), 
• If a financial obligation is set by a court order, appeals must be made through the court rather than the child maintenance tribunal, or
• If a parent wants to challenge a child maintenance decision which is inforce due to a new change in personal circumstances.

Quite often parents may feel anxious and stressed about a tribunal hearing regarding child maintenance. Preparation is a key factor for a child maintenance tribunal hearing. Parents often list and make a note of key points which include details of evidence they have, evidence of noncompliance of the other parent, discrepancies in accounting records and discrepancies in the information provided to the tribunal and the Child Maintenance Service by the other parent. You may also need to provide information about financial arrangements or debts with your former partner, including any legal costs incurred during separation. Copies of your evidence should also be prepared for the tribunal so they can navigate through the documentation during your hearing.

It is ideal to take notes during the tribunal hearing which will give an opportunity to dispute false allegations and ask further questions. You could also use these notes as a summary of your hearing.

Prior to the tribunal you should also prepare questions which you would like to be addressed at the hearing. If you are able to consider what the other parent is likely to say and what objections if any they will be raising you will be able to prepare better for the tribunal and will equip yourself with the responses and answers you need.

At the tribunal hearing you should ensure you stick to the relevant financial information and history. The tribunal is not concerned with your past relationship with the other parent or the reasons for you splitting up.

Child maintenance tribunals are similar to other court processes which you may have been involved in such as for child custody or contact. The matter is heard by a tribunal judge and a financially qualified panel may also be in attendance. The purpose of the tribunal is to consider whether the child maintenance decision made by the Child Maintenance Service is correct. Any evidence which you have provided which may confirm that the Child Maintenance Service have made an error in calculating child maintenance payments will be considered together with the financial position of both parents. The tribunal will also take into account the cost of supporting the child and any variations in the amount of child maintenance paid, including factors such as benefits and overnight stays.

It is important to note that a parliamentary and health service ombudsman is the final stage in the complaints process. The ombudsman will be responsible for complaints about the Child Maintenance Service. An ombudsman will only consider a complaint which is through your local MP and cannot be approached directly.

Prior to taking your complaint to the ombudsman you must have exhausted all of the other avenues from the complaints process. The complaints process is as follows:

• Complain to your caseworker or their manager. A complaint can be made either in writing or over the phone. You should receive a response to your complaint within 15 days.
• Complain to the Complaints Resolution Team. This team will look to address a complaint where you are not satisfied with the response from the complaint to your case worker or their manager. The Complaints Resolution Team will respond to your complaint within 2 days and will either resolve your issue or agree on how your complaint should be resolved within 15 days.
• Complaints Review Team. If your issue is still not resolved or you have been waiting for an unreasonable time you can escalate your complaint to this team. As above they will respond within 2 days and will either resolve your issue or reach an agreement of how your issue will be resolved within 15 days.

If the above does not resolve your complete then you are able to take your complaint further by contacting your MP. Your MP will be able to take your complaint with the Child Maintenance Service on their behalf. The Child Maintenance Service have a special unit to deal with correspondence from MPs and will usually process this quicker.

You can also make a complaint to the independent case examiner. This case examiner will not be a part of the Child Maintenance Service. They will suggest ways to reach an agreement with the Child Maintenance Service and should make recommendations about what should be done to resolve your complaint. Following which an ombudsman can be contacted if the complaint is still not reasonably dealt with.

Where a parent feels an incorrect decision in relation to a child maintenance has been made, family lawyers can provide you with the advice and assistance you need. Our family lawyers in York as well as nationally deal with all aspects of child maintenance and are able to advise you on how much child maintenance you are likely to receive based on the information to supply.

If you already have a decision on child maintenance payments and feel the decision is not accurate, we can assist you in contacting the Child Maintenance Service requesting them to reconsider their decision. If the CMS accepts your variation request, they will notify you of the new arrangement; however, if you disagree with the outcome, a lawyer can help you challenge the decision. Failing which we can provide you with advice and guidance on the appeals process and prepare you for any child maintenance tribunal hearing you may have. Child maintenance lawyers can advise you on the likelihood of successfully appealing a Child Maintenance Service assessment and prepare you for the appeals process.

Where the parent paying the child contribution is failing to make the payments as required, our family law specialists can assist you in contacting the Child Maintenance Service to ensure enforcement of the payments.