Child Maintenance Disputes
CMS decision errors are not something you just have to live with.
Child Maintenance Service calculations can be wrong because the wrong income has been used, arrears have been misread, a variation has been ignored, self-employed income has been accepted too easily, or the decision maker has missed the point hidden in the paperwork.
We help paying parents and receiving parents challenge CMS mistakes with properly organised evidence, precise legal points and cost-controlled documents at a fraction of the traditional solicitor-retainer route.
The real problem
CMS errors often hide in the arithmetic, not in the headline figure.
A CMS decision can look official, final and rather intimidating. That does not make it right.
Child maintenance disputes are rarely won by outrage alone. They are won by identifying the exact error: the wrong tax year, the wrong gross income, an ignored change in circumstances, misstated overnight care, unpaid arrears treated as due, income routed through a company, dividend income missed, notional income not considered, or a variation point buried under bland administrative wording.
The painful truth is that many people fight the CMS on emotion when the winning point is evidence. Others pay solicitors to write letters that sound expensive but do not isolate the legal and factual error. We prefer the sharper route: find the mistake, prove the mistake, present the mistake in a way that gives the decision maker, tribunal or opponent less room to drift away from it.
That is where we come in. We take the mess of letters, calculations, payslips, bank statements, tax returns, Companies House material, payment histories and screenshots, and turn it into a structured case. Less theatre. More traction.
Thorough work, controlled cost
We do not need to put you into a full solicitor retainer before a CMS error can be challenged properly. We can review the papers, identify the issue, gather the evidence and prepare the documents on a pre-agreed scope wherever possible.
No counting every email. No clocking every attachment. No six-minute units quietly breeding in the corner like rabbits in wigs.
Common CMS mistakes
Where child maintenance cases often go wrong.
The CMS process is formula-driven, but the inputs to that formula are often contested. If the evidence going in is wrong, incomplete or poorly explained, the calculation coming out can be nonsense with a reference number.
Wrong income figure
Historic income may be used when current income has materially changed. Self-employed income may be misunderstood. Employment income, dividends, pension income, rental income or other income may be missed, misread or placed in the wrong box.
Variation points missed
Special expenses, unearned income, notional income from assets, diversion of income and other variation issues need a focused evidential presentation. A vague complaint is easy to reject. A properly evidenced variation point is harder to ignore.
Arrears calculated unfairly
Arrears can snowball from old assessments, missed payments, misallocated payments or administrative delay. The question is not simply "what does the screen say?" The question is whether the arrears are legally and evidentially justified.
Shared care not properly reflected
Overnight care, agreed arrangements and the reality of where the child spends time can matter. The evidence needs to be clean, dated and consistent. Calendar records, messages and school patterns can be more useful than general assertion.
Business owners and company income
Small company directors, contractors and self-employed parents often produce the hardest disputes. Salary alone may not tell the truth. Dividends, retained profit, benefits, loans and lifestyle evidence may all need to be considered carefully.
Wrong route used
Some cases need a mandatory reconsideration. Some need a variation. Some need an appeal. Some need a complaint about handling delay or maladministration. Using the wrong route can waste the one thing you may not have: time.
Pitfalls CMS adjudicators can miss
The mistake is often not loud. It is usually buried.
A poor child maintenance challenge says, "This is unfair." A better one says, "This is the precise factual or legal error, here is the evidence, and here is the calculation consequence."
CMS adjudicators and decision makers are dealing with high-volume casework. That does not mean they are careless, but it does mean the party who presents a clear evidential route through the papers is at an advantage. If your point is hidden in 60 pages of screenshots and scattered bank entries, do not be surprised if it gets missed. The law has many virtues, but telepathy is not one of them.
We look for the traps that often decide the case: whether the assessment period is correct, whether the income year is right, whether the gross income figure has changed enough to justify action, whether the other parent has undeclared or diverted income, whether expenses are genuine, whether arrears have been duplicated, and whether the decision letter gives proper reasons.
What we can prepare
- Mandatory reconsideration requests and supporting submissions.
- SSCS2 appeal support and tribunal-ready issue summaries where appropriate.
- Income analysis, arrears schedules and payment evidence summaries.
- Variation evidence packs for income, assets, special expenses or diversion arguments.
- Chronologies, document indexes, witness statements and hearing bundles.
- Speaking notes so you can explain the case clearly at a tribunal or meeting.
- Complaint letters where the problem is delay, process failure or maladministration rather than the calculation itself.
We do not simply make the paperwork look tidy. We make it useful.
Why not just instruct solicitors?
Because the legal problem may not need a blank cheque.
Some cases need a solicitor. Many CMS disputes need disciplined document work, evidence gathering, legal issue spotting and a clear route through reconsideration or appeal.
| Traditional route | Our focused route |
|---|---|
| Open-ended correspondence can become expensive before the real issue is even isolated. | We aim to identify the exact CMS error early and agree a defined scope of work. |
| Hourly billing can make every email, call and attachment feel risky. | We work to get the legal job done efficiently, with pre-quoted or fixed-scope support wherever possible. |
| Solicitors may be overkill where the key task is evidence organisation and a targeted reconsideration or appeal pack. | We prepare the documents, schedules, submissions, bundles and speaking notes so you can take the procedural steps yourself. |
| The client may feel detached from the case and unsure what is really happening. | You stay in control. We explain the legal position and the practical next step in plain English. |
If your matter genuinely needs a solicitor to conduct reserved litigation, accept service or go formally on the record, we will say so. Cost control is not the same as pretending the limits do not exist.
What to send us
Better papers produce better advice.
You do not need to know whether your case is a mandatory reconsideration, variation, appeal or complaint. Send the decision, the calculation, the deadline and what you say is wrong. We will identify the route.
Use the consultation formChild maintenance document checklist
- CMS decision notices, calculations, annual review letters and mandatory reconsideration notices.
- Income evidence, payslips, P60s, tax returns, accounts, dividend vouchers or company documents.
- Bank statements, payment records, arrears schedules and proof of direct payments.
- Evidence of shared care, overnight stays, school arrangements or contact patterns.
- Messages, emails and letters showing what has been agreed, disputed or ignored.
- Variation evidence, including special expenses, travel costs, other children, assets, rental income or suspected diversion of income.
- Any appeal deadline, tribunal correspondence, enforcement letter or complaint response.
Do not send original documents. Scans or clear photographs are usually enough for the first view. Mark the deadline clearly. CMS and tribunal deadlines can be unforgiving; unlike children, they do not respond well to being ignored.
The working model
We prepare and guide. You stay in control.
This is designed for parents who need serious legal preparation without handing the whole CMS dispute to a solicitor on an open-ended basis.
| What we do | What you do |
|---|---|
| Review the CMS papers and identify the decision error, evidence gap or appeal point. | Send the key documents, deadline, payment history and the outcome you need. |
| Prepare reconsideration submissions, appeal support, evidence schedules, chronologies and letters. | Check the facts, approve the final documents and keep copies. |
| Create tribunal bundles, issue lists and speaking notes where needed. | File appeal documents, send material to CMS or the tribunal, and serve or copy the other parent where required. |
| Explain the merits, risks, costs and practical route in plain English. | Attend any hearing or take procedural steps yourself unless another lawful arrangement is made. |
We will not tell you every case is a winner. Sometimes the right advice is to stop, settle, narrow the issue or gather better evidence before firing off another complaint. That advice can save more money than a beautifully drafted but pointless letter.
For paying parents
We can help where income is overstated, arrears appear wrong, direct payments have been ignored, shared care has been misapplied, or a change of circumstances has not been reflected properly.
For receiving parents
We can help where income appears understated, a company structure hides the real picture, dividends or rental income have been ignored, payments are irregular, or a variation application needs proper evidence.
For tribunal preparation
We can prepare the issue summary, chronology, evidence bundle and speaking notes so the tribunal can see the dispute quickly. If the judge has to hunt for your point, your point is already limping.
Questions
Child Maintenance Disputes FAQs.
Can Fenton Marsh & Co help if the CMS calculation is wrong?
Yes. We can review the CMS papers, identify the likely calculation error, organise the income and payment evidence, and prepare a focused mandatory reconsideration, appeal document, statement, chronology or hearing bundle depending on the stage of the case and the scope agreed.
Can you help both paying parents and receiving parents?
Yes. We assist paying parents who say the assessment is overstated or arrears are wrong, and receiving parents who say income has been understated, diverted, hidden or wrongly ignored. The starting point is always the evidence.
Do I send the CMS papers and file documents myself?
Yes. Our working model is that we prepare and guide. You send documents, file appeal papers, serve or forward material, and take practical procedural steps yourself unless another lawful arrangement is expressly agreed.
Is the initial consultation free?
Yes. Send the CMS decision, calculation, deadline and the outcome you need. The initial consultation is free. Paid work starts only after scope and fee are agreed.
Will you tell me if the case is weak?
Yes. We will tell you where the evidence is strong, where it is thin, and where the cost of fighting may exceed the likely benefit. A bad point does not improve because someone has billed six minutes for reading it.
Can you guarantee the CMS or tribunal will agree?
No. Nobody sensible should guarantee that. What we can do is identify the arguable point, organise the evidence and prepare the documents so your case is presented clearly, proportionately and without solicitor bill shock.
Free initial consultation
Think the CMS has got it wrong?
Send the decision, calculation, deadline and what you say is wrong. We will tell you whether we can help, what evidence is missing and what the sensible next step is.
No obligation. No running meter. No charge just for asking whether we can help.