Child Maintenance Tribunal

Part of: Financial Settlement after Divorce

Child maintenance tribunal is usually the last place a parent would like to end up in over financial support. Quite often a parent may not agree with a child maintenance decision which has been made. If you have a decision which has been made and you feel there may have been a mistake in reaching this decision by the Child Maintenance Service then you may be able to request for the decision to be reconsidered. This process is known as the mandatory reconsideration.

The time limit for asking for a mandatory reconsideration is 30 days from the date of the letter that told you about the decision. You will only be able to make an appeal once the Child Maintenance Service has reconsidered the decision. Skip this step and the tribunal cannot hear your case, while the decision you think is wrong stays in force. The child maintenance tribunal may accept late appeals where there are good reasons after the one month time limit. In such a case the other parent may be asked to confirm whether they object to the appeal being accepted.

What is the 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 that reach it within one month of the date the mandatory reconsideration notice was sent to you, and a late appeal can still be made up to 13 months from that date if you give reasons for the delay (Tribunal Procedure Rules 2008, r.22). 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.

How do you challenge a CMS decision? Mandatory reconsideration, then appeal

To challenge a child maintenance decision, you first ask the Child Maintenance Service to look at it again, and only then appeal to the tribunal. The law sets that order: a right of appeal can depend on the CMS first considering whether to revise its decision (Child Support Act 1991, s.20(2A)).

1. Ask for a mandatory reconsideration within 30 days. The time runs from the date on your decision letter (GOV.UK: complaints and appeals; Child Support Maintenance Calculation Regulations 2012, reg 14). Say which decision you dispute and why, for example an out-of-date income figure, and send the evidence.
2. Keep the mandatory reconsideration notice. The CMS looks at the decision again and writes to you with the outcome. You need a copy of that notice to appeal.
3. Appeal within one calendar month. If you still disagree, appeal to the Social Security and Child Support Tribunal on form SSCS2, which cannot be done online. The month runs from the date the notice was sent to you, and the appeal counts only when HMCTS receives it, so posting it on the last day can be too late. Give your reasons, sign it and enclose a copy of the notice.
4. If you are late, explain why. A late appeal must give reasons for the delay. Without them, HMCTS may send it back to you.

The other parent is part of the appeal too. HMCTS writes to them and asks whether they want to take part in the hearing (HMCTS guidance SSCS2A). If your 30 days are already running, book a free consultation and a family lawyer can go through the decision letter with you before you send anything.

How to appeal to the child maintenance tribunal?

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.

On what grounds can you appeal for child maintenance?

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 30 days 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 the Child Maintenance Service 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.

On what grounds can I not appeal for child maintenance?

Parents may quite often not be happy with the way their child maintenance matter has been dealt with and may be 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 appeal against a deduction from earnings order. That appeal goes to the magistrates’ court, within 28 days and only on limited grounds (Collection and Enforcement Regulations 1992, reg 22), 
• 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 in force due to a new change in personal circumstances.

Can I appeal for a decision on child maintenance where there is a change in personal circumstances?

How to prepare for your tribunal hearing?

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.

What to expect from a child maintenance hearing?

Child maintenance tribunals are similar to other court processes you may have been involved in, such as a child arrangements case. A tribunal judge usually decides the appeal alone. Where it may need financial accounts examined, an accountant can sit with the judge as a second member (Senior President of Tribunals, Practice Direction, May 2024). 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.

Is there an ombudsman for child maintenance?

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:

• Raise it with the Child Maintenance Service, in writing or over the phone.
• If that does not settle it, ask for your complaint to go to the DWP complaints team. It aims to resolve complaints within 15 working days (DWP complaints procedure).

If the above does not resolve your complaint 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, within 6 months of the DWP complaints team’s final response. 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.

How family lawyers can assist you?

We regularly advise and assist parents who want to challenge a child maintenance decision, from the reconsideration request to the tribunal hearing. Where a parent feels an incorrect decision in relation to 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 you 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.

Contact Kabir Family Law today for all your child maintenance enquiries

Our family lawyers advise and assist parents with child maintenance disputes, including whether and how to challenge a CMS decision. The time limits are short. You have 30 days to ask for a mandatory reconsideration, then one month to appeal from the date the notice is sent. The tribunal also looks only at the circumstances when the CMS made its decision (Child Support Act 1991, s.20(7)(b)). Missing a deadline, or sending evidence about the wrong period, can leave the wrong figure in place for months. If you want to dispute a child maintenance decision, call us on 0330 094 5880 or book a free consultation before your deadline passes. You can otherwise book a time that suits you.