child maintenance issue - is he avoiding paying so much?(3 Posts)
sorry another thread from me
stbxh paid his first payment on 1st October, he paid it into the joint account which he knows has a block on it as it is under dispute because when a non-mol/occ order removed him from the house in June, to ensure that all the bills were paid I transferred the direct debits to my account where my salary was paid into instead of the joint account, he used the joint account and made the account go overdrawn by over �200, so I put a block on the account so that no money could be extracted without both of our permission.
I had a call from CMS yesterday because the 2nd payment has been paid into the joint account, he is being difficult and I advised the man that he knew the correct account to pay the money into and could he do something please? He said that stbxh had called this morning and said there was a changed in his circumstances. To cut a long story short, I believe that he is saying that his salary has reduced by 25% which is why the circumstances have changed as through careful questioning he admitted that this could have a detrimental effect on the money received for my children.
I believe that he is now getting his employer to pay him through his own consultancy company which means that his "drawings" will be alot less.
My solicitor says that when we get to court this will come up because it won't make sense that he's suddenly taken a drop in salary or that he's suddenly been paid through is company and that he will have to make full disclosure about his company and assets anyway.
Any thoughts/words of wisdom from you lovely people out there?
Sorry no advice except to say chin up. These bastards will do anything to avoid resonsibility. Court is the only language they'll understand. I hope so at least as I am about to start the process too. Good luck x
I've forgotten what stage you're at with the divorce, so if right now he's saying he's taken a 25% pay cut, he will have to prove this with real paperwork later down the road (Form E, Questionnaire and, if necessary, the follow up Schedule of Deficiencies questions) if he still doesn't prove it, your solicitor can ask the court to order him to disclose at FDA/FDR (that's what it's there for).
They do not half come out with some shit in the early months. Nothing is taken at face value, I'm afraid but it provides months of anxiety, worry and financial hardship for you as justice can be a little on the slow side! Best to prepare yourself for the worst, and hope for the best!
Mine, by way of example, claimed in a letter to my solicitor that he'd lost his job. A quick phone call to his work, proved, he in fact was still very much employed. He changed his story to him being put out of work in March (he's sticking to this story) and has provided a letter from his 'employers' saying 'Well, anything can happen, but we don't believe anything is going to change right now but anything can happen'.
SHB is looking forward to cross-examining him. She eats sharks for breakfast, I believe.
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