If you believe a child support decision is wrong, and you wish to challenge it, you must request a Mandatory Reconsideration. This can be done in writing or verbally. The Mandatory Reconsideration request must be made within one month of the decision being notified.
Only one Mandatory Reconsideration process can take place against a decision. Therefore, if one parent disputes a matter, the other parent is automatically invited to submit any disputes they may have. Once all disputes are received, the decision is reviewed fully. A Mandatory Reconsideration Notice is then issued to both parties, the outcome of which can be either;
- The original decision is revised, and a new decision is issued. This now concludes the review process and if any party remains unhappy, they may submit an application to HMCTs within one month.
- That the original decision is correct and no revision will be issued. Again if a party wishes to continue to the next stage of appeal, an application to HMCTs is required.
It is the Mandatory Reconsideration Notice that carries the right of appeal.
The Mandatory Reconsideration request can only apply against a child support “decision.” There are no rights of appeal against debt or pay schedules.
A decision includes:
- A Maintenance Calculation
- A Refusal to revise or Supersede an existing Calculation.
- A Variation Decision
- A Refusal to complete a Variation Decision.
- There are appeal rights against paternity, but these are dealt with by a Magistrate Court, not a Tribunal.
- There are appeal rights against a Deduction from Earnings Order, and Deduction Orders but these are also dealt with by a Magistrate Court and should be appealed only under specific circumstances.
After the Mandatory Reconsideration process has been completed, should you wish to take the dispute further, you will need to make an appeal application to HM Courts and Tribunals. You will need to complete SSC02 form, which can be emailed to you, or found online.
Complete the form, and send it, together with the Mandatory Reconsideration Notice, and any additional evidence, to the Direct Lodgement Centre. There are two centres, depending on to where you live. We would recommend sending the application by recorded or registered post.
England and Wales:
HMCTS SSCS Appeals Centre
PO Box 1203
HMCTS SSCS Appeals Centre
PO Box 27080
For support and guidance through both Mandatory Reconsideration process, and the stages of appeal why not consider taking advantage of support service to talk to one of our team. Click here to join.