Thank you for visiting the CMSAS Limited website. Please note, we are NOT the Child Maintenance Service (CMS). If you need to contact the CMS, the number for an existing case with the CMS is 0800 171 2345 and for a new case is 0800 988 0988 or you can go to their website here: CMSAS Limited consultants are specialists in the Statutory Scheme of child support, as administered by the Child Maintenance Service. We would like to make you aware that we are not the Child Maintenance Service (CMS). We are a private company that provide a chargeable service of support, guidance and advice to both Receiving and Paying Parents, with Child Maintenance issues, assessments, appeals, tribunals and all Child Maintenance matters pertaining to the CMS (Child Maintenance Service) and/or HMCTS (Her Majesty’s Courts and Tribunals Service), including where difficulties develop with the CMS and/or HMCTS.

Challenging Decisions which are Incorrect (in Law) or Poorly Administered

In the maze of child maintenance, encountering decisions that seem incorrect by law or are poorly administered is not uncommon. Navigating these challenges can feel overwhelming, but with the right guidance and determination, it’s possible to seek a fair resolution. If you decide to challenge or dispute a child maintenance decision, we can assist you through the process of challenging such decisions, ensuring your case is handled with the accuracy and fairness it deserves.

Understanding Your Rights

Every parent has the right to challenge decisions related to child maintenance that they believe are incorrect or have been poorly administered. This could range from errors in maintenance calculations to failures in acknowledging changes in circumstances.

Grounds for Challenging Child Maintenance Decisions

  • Incorrect Calculations: Discrepancies in how maintenance payments are calculated can significantly impact the financial support provided for your child.
  • Oversights in Case Management: Missed updates or overlooked information can lead to unfair decisions.
  • Legal Misinterpretations: Misunderstanding or misapplication of child maintenance laws can result in incorrect decisions.

The Process of Challenging a Decision

  1. Initial Reconsideration: The first step is to request a reconsideration by the Child Maintenance Service (CMS). This involves presenting evidence that supports your claim that a mistake has been made.
  2. Appeal to a Tribunal: If the decision remains unchanged after reconsideration and you still believe it to be incorrect, the next step is to appeal to the First-tier Tribunal (Social Security and Child Support).

How CMSAS Can Support You Challenge or Dispute Child Maintenance Decisions

  • Expert Advice: CMSAS provides expert advice on how to gather and present the necessary evidence to challenge decisions effectively.
  • Guidance Through the Process: We guide you step-by-step through the reconsideration and appeal processes, ensuring you understand your rights and the procedures involved.
  • Representation Support: While we cannot represent you in court, we can prepare you for what to expect and how to present your case effectively.

Preparing Your Case

  • Gather Documentation: Collect all relevant documents, including communication with the CMS, financial statements, and any other evidence that supports your case.
  • Detailed Explanation: Prepare a clear and concise explanation of why the decision is incorrect or has been poorly administered.
  • Legal References: If applicable, reference specific legal statutes or precedents that support your argument.

Tips for Success

  • Stay Organised: Keeping your documents and evidence organised can significantly impact the effectiveness of your challenge.
  • Seek Expert Guidance: Utilising the expertise of CMSAS can help clarify complex legal points and strengthen your case.
  • Be Persistent: The process can be lengthy and may require patience and persistence to achieve the desired outcome.

After Challenging a Child Maintenance Decision

  • Outcome of Reconsideration: If the CMS changes its decision based on your evidence, the new decision will be implemented.
  • Outcome of Tribunal Appeal: If your appeal is successful, the tribunal will instruct the CMS to amend its decision accordingly.
  • Further Action: In rare cases where the tribunal’s decision is still not satisfactory, there may be further legal avenues to explore, which CMSAS can advise on.

Challenging Incorrect Decisions with Confidence

Challenging incorrect decisions or those poorly administered by the Child Maintenance Service can be a daunting process. However, with the right support and preparation, it is possible to secure a fair outcome for you and your child. CMSAS is committed to providing the guidance and advice you need to navigate this process effectively.

If you’re facing challenges or disputes with a child maintenance decision made by the CMS and believe it to be incorrect or poorly administered, contact CMSAS today. Our team is ready to assist you in ensuring that justice is served, with the best interests of your child at the forefront of everything we do.

Initial Consultation

We charge £175 (£210 inc. VAT) for an initial consultation.

Additional Consulting Hours

We charge £150 (£180 inc. VAT) for additional hours.

Challenge or dispute child maintenance decisions