Defending Non-Resident Parent's Variation Application
The non-resident parent can make variation application themselves if they feel the assessment is too high. In particular they can make the following applications:-
1. Travel costs to work. This includes train fares, fuel, taxi fares and road or bridge tolls.
2. Contact costs. If there is a frequent and regular contact arrangement then the non-resident parent can ask for his costs of contact to be taken into account which includes the cost of rail or bus tickets, fuel, taxi or air fares together with any tolls.
3. Illness or disability. If your ex suffers with an illness or disability or has any children or a partner living with him who suffers with an illness or disability then he can apply for a variation on the basis of the costs associated with that.
4. Debts. Where your ex has ended up “lumbered” with debts that were incurred whilst the two of you were together and for the benefit for the two of you (or any of the children that were with the two of you at the time) an application can be made on this ground.
If you receive any of these applications from the CMS made by the non-resident parent you really should obtain legal advice, not only on the basis of how to defend them but also to see whether or not you can make your own cross application. It may be the position that the non-resident parent has a winning case in relation to the variation ground himself which from your point of you is practically un-defendable, but you could easily regain the money lost by making your own cross application. It is even possible for a cross application to be worth more than the non-resident parent’s application thereby resulting in an increase overall in the child support.
Legacy departure and variation applications are still in existence in relation to appeals connected to high arrears demands. The amount at stake can thus be very considerable, years or even a decade plus of maintenance can be at stake, the figures can run into tens of thousands of pounds and if you need any assistance with regard to these complex and difficult backdated areas please do call us on 03456 588 683.