Where decisions made by Child Maintenance Service are disputed, a specific legal process is required, and strict time limits apply. Sound advice and guidance is critical for a successful outcome. You know what you are fighting, we show you how.
If you receive a decision and believe it to be wrong, you must request a Mandatory Reconsideration within one month of the decision being notified to you.
A Mandatory Reconsideration can be submitted in a number of ways. You have the option to make the request in writing, over the phone through a verbal submission, or by utilising the available features within your CMS online account. Specifically, there are various options located on the payment calculation page that allow you to formally request this reconsideration. It is important to note that a Mandatory Reconsideration request can only be lodged in relation to a child maintenance “decision.” In this context, a decision refers to several specific determinations, including the following:- Accepting a maintenance application or refusal to accept an application.
- A maintenance calculation or refusal to make a calculation.
- A variation decision or refusal to make a variation decision.
Only one Mandatory Reconsideration process can take place against a decision, so if one parent raises a dispute, the other parent is automatically invited to submit any disputes they may have too.
Once all disputes are received, the decision is reviewed by the CMS and a Mandatory Reconsideration Notice is issued to both parties. The Mandatory Reconsideration Notice will either
- Change the original decision.
- Refuse to change the original decision.
There are different rules if a parent is disputing paternity. Contact us for more information on disputing paternity
It is the Mandatory Reconsideration Notice that carries the right of appeal. If either party remains unhappy about the decision, they must file an application to HM Courts and Tribunal Service within one month of the Mandatory Reconsideration Notice being issued. It is important that you seek advice before proceeding with your appeal.
There are no rights of appeal against debt or pay schedules, although some measures of enforcement can be appealed, such as a DEO or Deduction Order. However, this does not provide a “day in court” and the court is restricted to what it is allowed to consider. Read more about enforcement actions here.
If you need to dispute a child maintenance decision, or have raised disputes but have been unsuccessful, why not take advantage of our Preliminary Consultation service to allow us to review the circumstance and provide tailored advice and guidance for the Mandatory Reconsideration process, and stages of appeal with HM Courts and Tribunals.
