How can I prove he is lying?

[Wittsend13]

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]

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]

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]

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]

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

[2blessed2bstressed]

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

[Wittsend13]

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]

Flamin thanks for the website.

[Wittsend13]

Thank you Babybarrister. I'll email him.

[Elansofar]

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]

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]

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?

[Xenia]

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.

[LadyMaryChristmas]

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

[Xenia]

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...