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Hi all,
Have just kicked off the tribunal process so expecting a long wait. Currently paying but am fighting for equal, as have my 2 sons equally overnight and for care during the week. Ex receives child benefit and there's no arrangement order in place.
What I am concerned about is that whilst the effective decision date is recent, the tribunal may take 1+ years to arrive.
Once the tribunal makes a decision (i.e Reg 50 or Band D), is there any safeguards in place stopping ex ringing CMS the next day and making false claims again, and over-riding the tribunal decision?
Thanks, Mike
Hi,
You could ring CMS to let them know about pending tribunal.
I recommend you join this support group for paying parents:
https://facebook.com/groups/239699060076601/
Thanks, that channel is really useful.
What I'm specifically asking - is a tribunals decision final? So let's say a court decides it's 3/7 overnights in January 2025. Could the receiving parent ring up the CMS afterwards in February 2025 and challenge that it's now changed to 2/7, and try to overturn the tribunal?
@adversecamber am not sure. Theres lot of people in that FB group that have been through tribunals, they can advise.
@adversecamber I don't think the (I would imagine you mean First-Tier Tribunal) Tribunal decision is final. As I had successfully, appealed First-Tier Tribunals decisions on two occasions. The key is knowing your case/situation well and researching, ie, find Upper/Second-Tier Tribunal or First-Tier decision case judgement that is similar to your situation and use evidence or extracts from the judgment to support your appeal. That is how I successfully appealed First-Tier Tribunal decision. By reading Upper and District Judge decision judgements, I learned how to write and reason like them, just be mindful, that it requires a lot of effort if you want to do it yourself (which is what I would suggest, as legal fees are exorbitant) or you can find good Solicitor or Barrister (on pay as you go) to do some work for you and you do the ones you can do to keep costs down. Regarding your second question, if your application for 50/50 is successful, you should make child benefit application even if you have only one child with your ex partner/wife. I hope this helps.
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