If you are stuck in such a situation, here is what to do.

Ms. Amelia Jones applied for child maintenance for her young child. The child’s father, Mr. David Smith, earns a standard salary of approximately £2,500 per month from his job at a distribution company, “Swift Deliveries Ltd.” Amelia is aware that for many months, even before their child was born, David has been consistently working significant overtime. Based on her knowledge of the company’s pay structure, she estimates his total monthly earnings, including overtime, to be between £3,200 and £3,800. However, the Child Maintenance Service (CMS) has calculated his monthly payment to be only £185, which appears to be based on a declared income of around £1,500 per month. When Amelia questioned the CMS, they stated the figure was based on information provided by HM Revenue & Customs (HMRC). She immediately requested a review, formally reporting a change in his circumstances to include the substantial overtime income. Her request was dismissed the following day without any apparent investigation. She is concerned that the calculation is unfair, as she believes the payment should be closer to £350 based on his actual earnings. Mr. Smith has no other children and has chosen not to have any contact with the child. Amelia notes that he lives with his parents and has minimal living expenses, so the correct maintenance amount would not cause him financial hardship. They had a prior informal agreement for £250 a month, but she turned to the CMS after he became unreliable with payments.

Advice in such cases

When you find yourself in a dispute with the Child Maintenance Service (CMS) over an incorrect assessment, it is crucial to act methodically. The system has a formal process for challenges, and understanding this process is key to achieving a fair outcome for your child. It is common for initial calculations to be based on historical data from HMRC, which may not reflect current earnings, especially variable income like overtime or bonuses. You have the right to challenge this and provide evidence to support your claim for a reassessment.

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

Applicable Sections of Law

Child maintenance in the UK is governed primarily by the Child Support Act 1991 and its subsequent regulations. The body responsible for administering this is the Child Maintenance Service (CMS). The key legal principles are:

• Calculation Basis: The CMS calculates maintenance based on the paying parent’s gross weekly income, as reported by HMRC. A standard percentage is applied depending on the number of children.
• Variations: The Child Support Maintenance Calculation Regulations 2012 allow either parent to apply for a “variation” if they believe the standard calculation is unfair. This can be used if the paying parent has other income sources not captured by the initial HMRC data, such as regular overtime or income from assets.
• Dispute Resolution: If you disagree with a CMS decision, you must first request a “Mandatory Reconsideration.” This requires the CMS to review their decision internally. If you are still unsatisfied with the outcome of the Mandatory Reconsideration, you have the right to appeal to an independent tribunal, the First-tier Tribunal (Social Entitlement Chamber).

If you are the complainant

As the receiving parent (complainant), you are initiating the challenge. Your primary responsibility is to gather and present evidence that the initial calculation is wrong. You must formally request a Mandatory Reconsideration from the CMS, clearly stating why you disagree with the decision and what you believe the correct income figure is. Be specific about the overtime, bonuses, or any other income you believe has been missed. If the paying parent is diverting income or has a lifestyle that doesn’t match their declared earnings, you can also request a variation on these grounds.

If you are the victim

Feeling like a victim of an unfair bureaucratic process is understandable. To empower yourself, focus on the official channels available. Do not let an initial rejection discourage you. The first step is the Mandatory Reconsideration. Submit this request in writing, keeping a copy for your records. Clearly outline the facts and attach any evidence you have. If this fails, the next step is to appeal to the First-tier Tribunal. This is a more formal legal process where an independent judge will hear your case. Your goal is to prove, on the balance of probabilities, that the paying parent’s income is higher than what the CMS has assessed.

How the police behave in such cases

The police have no role in the calculation, assessment, or civil enforcement of child maintenance. These are civil matters handled exclusively by the CMS and the Family Court system. The police would only become involved if a serious criminal offence is alleged, such as fraud (for example, providing forged documents to the CMS) or making threats of violence. For disputes over the amount of money owed, you must follow the CMS and tribunal process, not contact the police.

FAQs people normally have

• How does the CMS know about overtime? The CMS initially uses annual salary data from HMRC. They often do not have real-time information on overtime or bonuses. It is up to the receiving parent to report this as a change of circumstances and request a variation if it is not being included.
• What if the paying parent is paid ‘cash in hand’? Proving undeclared cash income is difficult but not impossible. You can provide evidence such as bank statements showing regular cash deposits, witness statements, or evidence of a lifestyle that cannot be supported by their declared income. The CMS has powers to investigate.
• What is a Mandatory Reconsideration? It is the first, compulsory step in challenging a CMS decision. You must ask the CMS to look at their decision again before you can appeal to a tribunal. You have one month from the date of the decision to request it.
• Can I force my ex-partner to show me their payslips? You cannot personally compel them, but as part of a tribunal process, a judge can order the disclosure of financial documents like payslips and bank statements if they are deemed relevant to the case.

What evidence is required?

To successfully challenge a CMS calculation, strong evidence is vital. This may include:

• Copies of the paying parent’s recent payslips, if you can obtain them.
• The paying parent’s bank statements showing their salary and other income being paid in.
• A letter from the paying parent’s employer confirming their earnings and overtime patterns (though this can be hard to get).
• Screenshots of social media posts or messages where the paying parent discusses their work, overtime, or high-value purchases.
• Witness statements from former colleagues who can attest to the overtime culture and pay at the company.
• A detailed log of your own, outlining why you believe the income figure is wrong, referencing specific time periods and conversations.

How long will the investigation take?

The timeline can vary. A Mandatory Reconsideration by the CMS should ideally be completed within a few weeks, but complex cases can take longer. If you appeal to the First-tier Tribunal, the process is longer. It can take several months from lodging the appeal to getting a hearing date, depending on the tribunal’s caseload. The key is to be persistent and follow each step of the process correctly.

Advocate Sudhir Rao, Supreme Court of India