WARNING TRIBUNAL DECISION REGARDING NOTIONAL INCOME

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  • #50949 Report

    sp.harrison
    Participant

    Many of you will be aware that the CMS can consider additional payments if you have notional income. 20 years ago, before my ex wife was even known to me , my mother transfered by way of a gift in trust her home to my sister and I. It was , and I suppose still is, something many parents do to protects their well earned assets and childrens inheritance . My mother is still alive and lives in the property. I obtained a clean break divorce and financial settlement in 2012 where this matter was taken into account.

    My ex wife took the CMS to a Tribunal recently and the court has ruled that regardless of the previous Final court order of 2012 and the 20 year time gap I will now have to pay additional money on the £110,000 notional share in the house.This is also to be backdated for 2 years to the date of the appeal.! I am distraught, depressed and feel totally let down and helpless by this decision. I can not sell or do anything with the house whilever my mum is alive. I beleive the decision is fundamentally wrong and unjust given the circumstances , time and orders already in place. I have requested a statement of reasons from the court to see if there are any grounds for appeal. This decision will effect thousands of single parents whose parents acted in their bests interests many years ago and to this day. Unfortunately the law change of 2018 ( allowing for notional income) seems to overrule everything. I would therefore suggest all parents be mindful of this. There appears little one can do as any change to a deed would be considered as a diversion of income and be calculated accordingly.

    Unfortunately I possess no legal knowledge or similar expertise to stand much chance of appealing this decision. Neither do I have any funds to pay for the “initial advice” that a select few solicitors will charge to review this case.

    My questions to everyone are;

    1. Has anyone knowledge of a similar case and the courts decision been different. I can not find any such cases to date.

    2. I wondered if anyone was able to advise or offer me any suggestions as to how I may try and defend this unfair decision myself. I am a resonsible father and have never defaulted and never will on my responsibilities to my daughter, however I beleive this decision is simply wrong in every sense.

    Thank you kindly for taking the time to read and your support.

    Simon

    LEEDS

    #51014 Report

    steve3334
    Participant

    hi,

    am sorry to hear that. how old are your child?

    #51017 Report

    sp.harrison
    Participant

    I have a daughter and she is nearly 13 now and lives with her mum. I see her occasionally .

    #51019 Report

    steve3334
    Participant

    there are solicitors that specialise in child maintenance cases. many offer free consultation, so I would suggest if you have a chat with them.

    #51061 Report

    sp.harrison
    Participant

    Thank you however everyone I have found wants £250 plus. VAT to give inital advice.

    I’ve searched high and low and can’t find any will to offer free initial advice as with most other cases. It’s tough as I feel discriminated against as I don’t have the funds to challenge the decision that will effect many thousands of people .

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