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How can I prove he is lying?

(22 Posts)
Wittsend13 Tue 18-Dec-12 17:22:28

I'm in Ireland. My ExP (Who lives and works in England) has never paid a cent towards the upkeep of the child. Not even bought a pack of nappies.

DS is 17m and I've been in and out of court with ex because he wants rights over the child, but doesn't seem to want to pay towards the upkeep. He has handed over a statement of means claiming he isn't working and that he would like to offer £40 a week until it can be settled in court. I'm not happy with this as I'm I work full time and do not get any state help. I have to pay all bills and childcare myself

Background:

He is self employed. Earns between £300-£500 per DAY.
He has a season ticket for football per year costs £1200
Has no property and doesn't pay rent as he sublets two rooms in his council flat which more than covers the entire bills and rent for the flat.
Has recently gotten married. And goes abroad several times a year.

I need to prove that he IS working and that he has several bank accounts where he stores money everywhere. Is there a legal way I can get the court to force him to hand over his NI number and all his this bank statments to prove he is lying? Also does his wife's income (That's of she works I don't know) come into it?

Thanks

WeAreEternal Tue 18-Dec-12 17:40:24

Contact the csa, they are very good about tracking down these types of things.

Also if he is working cash in hand I'm sure the lovely people at hmrc would love to hear all about his income jobs and tax evasion.

Wittsend13 Tue 18-Dec-12 18:10:35

HI Eternal, Can I still use the CSA if I live in Ireland? And how can they prove his earnings if it goes under his company name and he is the only person working for his, one arm band company?

Thanks

BRANdishingMistletoe Tue 18-Dec-12 18:27:32

I doubt the CSA would help as you are not in the UK. Does he have any assets in Ireland? You might be able to get a court order to seize and sell them if he does. I know that my aunt did this (a very long time ago) when it was clear that her DD's father was intending to move back to his home country and did not intend to pay anything towards his child. She got a lump sum up front, which was nowhere near what his maintenance should have been in total but was still better than nothing at all.

TBH I don't think there is very much the Irish courts can do, even if they decide in your favour that he should pay more there is no real way of enforcing it so long as he stays out of Ireland.

FlaminNoraImPregnantPanda Tue 18-Dec-12 23:57:43

This Government website says that the UK is legally obliged to enforce court orders for child maintenance issued in another EU country.

Can't help with any of the other questions you have, but no, his wife's income will not come into it.

Wittsend13 Wed 19-Dec-12 00:18:11

Thanks all for your replies. Blessed, I believe her income does get taken into it over here, but I could be wrong. Hoping someone with Irish law can double check that.

Bran he doesn't have any assets or at least none that I know off. He does come to Ireland several times. He basically wants to come and demand his "rights" and not pay anything.

Wittsend13 Wed 19-Dec-12 00:20:39

Flamin thanks for the website.

babybarrister Wed 19-Dec-12 09:53:12

this is complicated and you need good advice - go and speak to a family lawyer in Ireland who knows about international cases.

whil;st you cannot make a claim to the CSA as far as I know, you could bring a claim in the English courts under Article 3 of the EU Maintenance Regulation as he is habitually resident over here. My experience is that English courts are mosre generous than Irish courts in any event ....

I suggest that you google resolution and find a lawyer over here or PM me and I will suggest someone who actually knows about these things - my initial suggestion would be Daniel Eames at Clarke Willmott

babybarrister Wed 19-Dec-12 09:54:32

sorry - just re-read your post - if you already have proceedings ongoing in Ireland you probably will not be able to bring them in England - have a word with Daniel Eames though

Wittsend13 Thu 20-Dec-12 23:05:57

Thank you Babybarrister. I'll email him.

Elansofar Mon 24-Dec-12 18:47:56

I'd be tempted to instruct a private investigator based close to him to establish how and where his earnings that you speak of are being established. If you can achieve a portfolio of evidence of tax evasion and or benefits or housing cheating then you might then have the ammunition to kindly persuade him into the sensible thing to do, and at least enough to put his legal statement in question. A pi would cost you up front and there are good and bad ones so treat this as just an option to consider.

Wittsend13 Tue 25-Dec-12 19:49:06

Hi Elamsofar, I've thought of getting a PI onto him. I just don't have the money to pay for it. I've tried asking to borrow it and no one has it. I'll get saving. Thanks

Xenia Tue 25-Dec-12 20:56:48

There's an English case that the moment where a spouse previously worth £400m now says they are penniless. The spouse's lawyers got a court order without any notice to the other half to search computers, premises and all sorts and I think found all kinds of evidence there is lot more than "nothing".However that is a big case and worth spending money on.

YOu could also do the PI stuff yourself. You can look at things he posts on facebook or take photos of his assets just like HMRC do when looking at whether someone's life style is totally out of kilter with what they say they earn for tax purposes.

I suspect the bottom line is that he will be able to manipulate his income to be veyr low - eg have a company and only pay himself a bit and lots of parents get out of paying and it's veyr unfair.

Have you tried suggesting to him you will tell the council he sublets (which I presume is illegal) unless you have 15% of his after tax income each week? Do you think he pays all the tax he should on his £500 a day?

babybarrister Wed 26-Dec-12 08:59:51

That is startlingly bad advice at the end of Xenia's post and as a lawyer she should know better - I am not a criminal lawyer either but even I know that is wrong !!!- I will put it down to too much sherry....
If you tell him you will not report him to the council if he pays you child maintenance,that is blackmail pure and simple and you could be prosecuted .....
By all means collate evidence to give the lawyers but DO NOT blackmail!!!

babybarrister Wed 26-Dec-12 09:02:57

Xenia - you will also get prosecuted for aiding and abetting and I have reported your post

Xenia Wed 26-Dec-12 17:15:29

She doesn't have to say it expressly. Also if this man is cheating the system - ie in effect stealing from all we tax payers on the thread then let us all report him for subletting his council property and perhaps not paying his tax. That's the wrong here.

babybarrister Wed 26-Dec-12 18:54:03

Xenia I would really take down your posts - I cannot imagine the SRA would be very impressed and I assume you do still have a practising certificate ....

LadyMaryChristmas Wed 26-Dec-12 19:00:40

I don't think Xenia is a lawyer, babybarrister.

babybarrister Wed 26-Dec-12 20:01:43

She is - she is a corporate solicitor ....

Xenia Wed 26-Dec-12 20:18:28

I don't think I've said what I do. It's certainly common for fathers to say they will pay no maintenance unless they get to see the child or mothers to say you will not see the child unless you pay. I am not saying it is good that that should happen and indeed if he is cheating the council here that should be reported - public duty to ensure it is stopped. I don't think anyone was suggesting making demands with menances etc...

babybarrister Wed 26-Dec-12 21:45:19

Go and have a google dear of s21 of the theft act and the definition of menaces ...certainly includes threat of reporting for prosecution- plenty of reported cases ... Menaces does NOT necessarily mean violence but precisely the threat of reporting other criminal behaviour - just as it would be blackmail if I said I will report you to the SRA unless you pay me moneygrin

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