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Anybody had the NRP take the CMS to tribunal? Going on Monday ☹️. My ex husband thinks because he doesn't see our girls he doesn't have to pay. He is disputing paying at all and says he will be homeless if he pays. Reality is he is on 51k a year and pays rent of 1k a month instead of the average £500 in our area. Plus lavish holidays, watches, clothes, cars, West Ham season ticket etc etc.
I'm petrified of going and worried he will get let off. He currently owes 5k.
What will happen in court? Will I have to talk? Will they take into account all his excuses that he can't afford it?
I have already asked doctor for diazepam as I stupidly get panic attacks when I've seen him in the past.
Is it worth me printing of over 2 years of emails cancelling contact and an email where he told me he would take the CMS to court as they would consider his expenditure? ( It was at this point he started spending like crazy clearly thinking this was the case)
Hi,
Is he disputing paying at all, or disputing the payable amount calculated by the CMS.
Be assured, that the tribunal will throw out any review request which is based SOLELY on the NRP alleging that he will be placed in financial ruin if he is required to pay at all!
Also the title of your post says (... wanting reduction) which suggest that the issue is the amount, not the requirement to pay.
If he owes his kids 5K in maintenance payment, then that would likely have been taken into account in the payment schedule. This would have (rightly) bumped up the monthly amount payable by quite a bit!!
So perhaps this is what he is saying will put him in difficulty, and the tribunal may well support a revised payment plan whereby he pays mainly a reduced amount for the forceeable....
This is especially likely if there is no other real avenue of getting a deduction of earnings order (i.e. if he is not a PAYE for tax purposed).
I went to a CSA tribunal about 15 years ago, so may have changed, but the tribunals are people with common sense, who don't like anyone trying to take the p*ss out of the system. If his arguments are reasonable, then they may adjust the schedule to suit, but if they think he is trying it on (and not seeing the kids is not a reason they will accommodate I would think - that's not within their remit), then they won't have to much sympathy with him. It is (or was then) an informal setting, so try not to get too stressed about it.
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