Typically, an appeal has to be made within the Child Maintenance Service (CMS). This is managed through the process of raising a Mandatory Reconsideration, essentially, an appeal known as a Child Maintenance Mandatory Reconsideration.
For example, if the paying parent states s/he has more overnights, and therefore should be in Band C rather than Band B, the CMS will correspond with the receiving parent to see if they agree, and typically, if they do not, they will reject the application to change bands. (There is typically more to a change like this, but for the purposes of an illustration, this is a good example)
When the decision is rejected, the paying parent can appeal, or if accepted, the receiving parent may choose to appeal. This is known as a Mandatory Reconsideration and you must start this process within 28 days (or be able to provide a strong and valid reason as to why you were unable to do so within the 28 day period and even so, this may not be accepted). Either parent will need to provide evidence to support why the appeal should be accepted or rejected.
Once the CMS has considered the Mandatory Reconsideration, they will either accept or reject the appeal. If they accept, and the receiving parent disagrees, or they reject, and the paying parent disagrees, the process for recourse is to apply to the court for a First Tier Tribunal.
A First Tier Tribunal would require submission of an SSCS2 form which can be downloaded here.
The First Tier Tribunal process is detailed here.
Need help submitting a Child Maintenance Mandatory Reconsideration?
Contact us now and our experts will assist you in your appeal process. Purchase an initial consultation below to get started.
