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Self-employed husband(6 Posts)
I am going through a divorce and I am struggling because my husband is a taxi-driver who works a lot for cash in hand jobs. I strongly suspect that the earnings that he declares on his annual tax-return forms are grossly reduced compared to his actual earning. Based on his 'official' earning, I will receive very little maintenance. Are are in the process of going through the finances and I know he will be found out, as his outgoings on credit card repayments are much higher than his actual 'earnings'. Despite wanting to get what I am entitled to, I am really worried as I don't want him to get into trouble. Has anybody been in a similar situation? What will happen to him? Can he get a criminal record?
OP, it's his choice what he does and what he does not declare. Therefore he is choosing to have the possibility of being found out and the fallout from that.
Do not feel guilty that the truth could be found out.
You need to make sure that the finances are fairly delt with during your divorce.
Do you have any DCs who you need to claim CM for?
Yes, I have 3 children. I feel like he has all the control now, as based on his 'earnings' I will get a pittance from Child Maintenance. Does anyone know what % of equity a mother of 3 would get when the divorce is through? I know every case is different, but in most cases what would the % be?
No competent family lawyer (in England/Wales, at any rate, where I assume you are) can give you an answer about your entitlement based on that information.
You may have a case to keep all the equity, until the kids are grown, when he can get his share.
Please get advice from a solicitor, who will need to know things like the value of the house, size of mortgage, your earnings, any other assets.
Your first question is easier. It is unusual for courts to report tax evasion, and you would need the court's permission to disclose any incriminating evidence. He will probably be fine. He may not be. His funeral, given he has made his earnings of kittle value to you.
From what I can gather the % depends on your circumstances plus who is the judge and which way the wind is blowing.
The CMS usually only take income declared to HMRC into account for maintenance, from what you say OP it seems that will be much lower than your ex's true earnings.
It does seem that there is a president to possibly use the form e from your ex but you need to get the judge to agree to it.
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