WARNING TRIBUNAL DECISION REGARDING NOTIONAL INCOME
9 March 2021 at 1:32 pm #50949
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.
LEEDS10 March 2021 at 11:39 am #51014
am sorry to hear that. how old are your child?10 March 2021 at 12:02 pm #51017
I have a daughter and she is nearly 13 now and lives with her mum. I see her occasionally .10 March 2021 at 12:14 pm #51019
there are solicitors that specialise in child maintenance cases. many offer free consultation, so I would suggest if you have a chat with them.10 March 2021 at 3:59 pm #51061
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 .12 June 2021 at 5:01 pm #55229
I am sorry to read what you are going through and from a PP. It sounds like your EX is being greedy. I do hope you can find a solution and someone to help.27 June 2021 at 6:28 pm #55735
I am in the process of going through a similar situation regarding ‘notional income’. The mother of my son (whose 4yrs old and I’ve never seen and not on birth cert – but done DNA test) is taking myself and CMS to tribunal, through her lies about my income she instigated an investigation into my finances. I have always been a saver and accumulated a large sum in an ISA, this would be subject to the 8% figure that gets added to my income.meaning my CMS payments double. And you are right, there doesn’t seem any help available and it’s going to affect 1000’s of fathers.28 June 2021 at 10:31 am #55752
Thanks for the email . Yes this matter is and will continue to effect those parents that have assets and notional assets for years to come since the 2018 law change.
There is little point having anything over £31250 which is the threshold until the child is 18. The good news is I found a company that specialises in providing advice in these circumstances. They are called NACSA. They are CMS support and appeal specialist that solicitors actually use themselves due to their specialism. I dealt with a lady called Michelle and she was amazing. I paid a little extra for her to provide a lengthy and detailed summary of my case including providing me with several options for me to consider that we’re legal. I would highly recommend that you get in touch and use their services. My total bill was just over £300 including an hour telephone consultation and very detailed written advice. You may not get the answer you want but you will certainly get the facts and more importantly the legal options available to you. It’s helped my immensely to review and do things differently.
I am not sure where you stand with the legality of the child though. If your not on the birth certificate I am not sure of your commitment to CMS? They will I am sure advise you.
The law is harsh in these areas and allows such cruel decisions I believe . The justification is always that the child shall continually be cared for even if you have no direct or indirect involvement. I’ve learned having been screwed over and my daughter being used as the financial weapon to fund my ex wife’s extravagant lifestyle. It does not pay to save above the threshold when you have children. You , like me are a saver but when the tide turns and the women wants out, they will often take the child and come after you in a predatory manner for every penny they can. This is often far in excess and over and above what is reasonable to bring up a child to a good standard.
Hope this helps.
NACSA tel is 01384 5725250121 364 1199
Best wishes for a suitable outcome.
PS over time , Ive just learned to accept things more and pay what I have to. Nobody can ever then say you didn’t support your child even though this is harsh there is a subtle good feeling to it . I would be interest to know how you get on?28 June 2021 at 5:32 pm #55763
Thanks for the contact details, I’ll look them up.
It couldn’t be a worse situation in any respect for me – my ex used to be a lawyer, until she was investigated for purgery and subsequently had to remove herself from the barr to avoid criminal charges. We only dated casually for 6 months and she got pregnant at 43, first time. She is a dreadful/mean/sociopathic human being and I’m so very sad she’s going to be the one bringing up my son with her morals and behaviour.
I’m fully committed to CMS payments despite not being on birth cert or ever seeing my son. In Australia and USA if you deliberately avoid putting the father on the birth cert then you aren’t entitled to any maintenance – how can UK law be such the opposite end of the scale?
When my son was born my sister offered her everything you’d need to bring up a child…my ex refused the offer and said if any of my family contacted her again then she’d take out a harassment order.