Child Maintenance and Mortgage

[Still_Undecided]

Hi all,

I submitted a variation to the CMS as I am paying half the mortgage on the FMH & also child maintenance. They have refused my request due to the fact i have a "legal & equitable" interest in the property.

Is there any way to challenge this?

Thanks

 

[Roblox]

Hi

That does sound right unfortunately although would be good to get a further view from others.

Have you spoken with your ex as if you aren't living there you shouldn't be paying (obviously this is without me knowing the background etc).

 

[Femto]

Not sure exactly how you go about challenging the decision that they make, but that decision reflects their previous guidance and should instead be accepted- refer them the to case law recently established in the case of LM v SSWP & NM [2024]
See;
The Financial Remedies Journal

I've just had my variation accepted despite having a "legal & equitable" interest in the FMH. I quoted the above case in my application and asked that they consider the precedent set around Reg 65 & 67 in deciding.
Seems like they are slow to update their processes!

 

[Still_Undecided]

I called the CMS this morning.
After what was forever on hold, got hold of someone great who confirmed I was right, but needed to speak to a manager before accepting the change.
Waiting for this call back now, I will update

 

[nothernsoul]

I wish you all the best.

My experience with the CMS has been horrendous.

I updated them in September with my CAO and evidence of new job. They've had 4 payslips since and haven't acted upon it.

They ballsed up on the overnights and misread my CAO and put me on shared care. I've got that coming in September. I guess mum complained and they have been hounding me since to rectify their mistake.

3 letters in the mail, 2 emails and a text message asking me to take action.

Awful organisation who don't appear to give a hoot about honest dads.

About 50 mins on hold were you ? That's what I've had almost every time.

 

[Unknown01]

Hi all,

I submitted a variation to the CMS as I am paying half the mortgage on the FMH & also child maintenance. They have refused my request due to the fact i have a "legal & equitable" interest in the property.

Is there any way to challenge this?

Thanks

Yes, they are incorrect. If they carry on ignoring LM v SSWP & NM [2024] UKUT 259 (AAC) you can threaten them with legal action.

 

[Still_Undecided]

I wish you all the best.

My experience with the CMS has been horrendous.

I updated them in September with my CAO and evidence of new job. They've had 4 payslips since and haven't acted upon it.

They ballsed up on the overnights and misread my CAO and put me on shared care. I've got that coming in September. I guess mum complained and they have been hounding me since to rectify their mistake.

3 letters in the mail, 2 emails and a text message asking me to take action.

Awful organisation who don't appear to give a hoot about honest dads.

About 50 mins on hold were you ? That's what I've had almost every time.

Luckily I think it was only 5 minutes yesterday, and approx 15 minutes this morning

Will have to give them another call later if there is no update. The fact my case hasn't been marked as "Mandatory Reconsideration" yet, I'd like to think they are working on it

 

[Still_Undecided]

Yes, they are incorrect. If they carry on ignoring LM v SSWP & NM [2024] UKUT 259 (AAC) you can threaten them with legal action.

Thanks!