CK v Secretary of State for Work and Pensions & Anor (CSM)

CK v Secretary of State for Work and Pensions & Anor (CSM)

The First-tier Tribunal erred in law by making a finding of fact regarding the amount of diverted income that was unsupported by evidence, warranting the setting aside of its decision and recalculation of the Appellant's income for child support maintenance purposes.

Parties
Appellant: C. K.; 1st Respondent: Secretary of State for Work and Pensions; 2nd Respondent: C. M.
Jurisdiction
England and Wales
Judgment Date
03 March 2026
Procedural Posture
Appeal / Upper Tribunal Decision
Outcome
Appeal allowed; First-tier Tribunal decision set aside and re-made.
Legal Topics
Child Support Maintenance, Tribunal Appeals, Income Assessment, Error of Law
Family Law Social Security Law Child Support Maintenance Tribunal Appeals Income Assessment Error of Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

C. K.

Appellant

Secretary of State for Work and Pensions

1st Respondent

C. M.

2nd Respondent

Procedural Posture

Appeal / Upper Tribunal Decision

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law regarding the calculation of diverted income for child support maintenance
  2. 2 Whether the evidence supported the finding of £19,980 dividend diversion

Ratio Decidendi

The First-tier Tribunal erred in law by making a finding of fact regarding the amount of diverted income that was unsupported by evidence, warranting the setting aside of its decision and recalculation of the Appellant's income for child support maintenance purposes.

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside and re-made.

Orders

  • Mother’s appeal to the First-tier Tribunal is allowed.
  • Secretary of State’s decision dated 5 October 2022 is set aside.