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Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Divorce/separation

STBXH and his salary on form D81

16 replies

Secretsout · 28/06/2017 21:11

Hi all

Looking for a bit of support as I'm going round in circles with EA, Narc STBXH.

His salary last year was £200k gross (net around £130k). It is made up of 50/50 basic and commission. I have 5+ years of P60's showing a consistent and increasing level of income.

Our entire financial agreement and basis for consent order has been on the fact that he earns 10 times what I do, has massive mortgage raising capability and that I need a wedge of capital to buy a house for me and the kids.

Thing is, his solicitor has told him to put his net BASIC salary on the form (with a note saying 'plus variable commision payments' - but not what this is). So in other words he's declared his income as £4500 per month. My solicitor says it is a clear attempt from his solicitor to make his client look poor.

When you consider what we have agreed, this makes it look like I'm taking all the capital we have plus almost half of his net income in child and spousal maintenance. It basically looks like I'm bleeding him dry...which I am not...we all know what he earns and we know this is a fair agreement.

He has said he has done it based on his solicitors advice as his commision is not guaranteed.

Surely no judge would approve this anyway? Dealing with him is driving me mad, its like talking to a brick wall. Please give me a good talking to :(

OP posts:

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BadHatter · 29/06/2017 01:50

I think it makes sense seeing as how salary is valued at a specific, contracted amount. Commission can change. It can be 0 next year for all you both know.

Phillipa12 · 29/06/2017 05:29

My exh gets a bonus every year, it varies but can be up to £40000. I had written into the consent order that he gives me a % of the bonus up to a certain amount. Could this be an idea if hes unwilling to put down an average yearly wage based on his p60s?

Secretsout · 29/06/2017 06:58

Thank you both. bad it would never be zero, in 20 odd years he's always at least done 100%. philipa in our case it wouldn't be an option really, his sol has already insisted that a clause in the consent states that any increase to child maintenance can only be based on an increase in basic salary not total salary (which simply means that ex will make sure his employer doesn't increase the basic but instead gives him a big chunk of share options)!

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heidiwine · 29/06/2017 07:34

I'm not a lawyer and only have my own situation to go on.
I get what the sol is saying about an increase in maintenance being based only on basic salary - bonuses can't always be relied upon (even when they have been in the past - I recently read a court judgement about exactly that situation).
Having said that I don't see why you can't ask that a %of bonus payments are received for the benefit of the children - the amount can be verified against annual P60. That's what my DP does... and recently his bonus dropped by well over 50% through no fault of his own - just that belts are being tightened...

Secretsout · 29/06/2017 10:10

The problem I have is that he clearly does not earn £4600 per month and a judge looking at this order will think I am seriously taking the p* by getting all of our capital plus maintenance payments. I'm worried the judge will just reject it as an unfair agreement even though we have agreed it with our lawyers and between ourselves.

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NotJanine · 29/06/2017 10:24

You can add a comment in the additional information box (section 9) regarding the historical commission that he has earned (and is expected to earn) and that your agreement has been reached taking this into account.

Also, on the consent order my solicitor said it is normal to make reference to sums being adjusted based on P60s.

Secretsout · 29/06/2017 12:24

Thank you notjanine I'm sure his sol will be reluctant to include that commission figure in box 9 as it's actually £90k! Yes, it's written on the consent that he must show his P60 each year. What a bloody game this is, he's now claiming he's so stressed he's not hitting his targets at work and may need to leave his job. Typical narc!

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NotJanine · 29/06/2017 12:54

I'm sure I have read that you can each complete your own statement of information forms, as long as you sign to say you have seen each other's. So in that case, you can put whatever you want in section 9.

Phillipa12 · 29/06/2017 13:34

My ex and i also agreed all monies for the consent order without solicitors help, judge was happy to sign it off even though it looked like i was getting the lions share of his wage packet. Child maintenance will always go on basic wage, the % of bonus or % of shares are for the needs of the children based on his p60, its irrelevant if he hits his targets as he will probably still get a % of his bonus for coming close and you are only after a % of any bonus he has earned and this can come in a lump sum once a year. I asked for 50% of bonus upto £6000 max, and that was from a possible £40000, as long as you are not greedy the judge will see that and so should his solicitor.

SerfTerf · 29/06/2017 13:38

Even just the basic should be approx £100k gross pa = £66k net pa =£5500 net pcm, so what's reducing to £4500 pcm? Hefty pension contributions?

He can't have it all to suit him.

Secretsout · 29/06/2017 15:00

Because he earns over £150k serf he is taxed at 50% so he is declaring the basic as £4600. He's not allowed to deduct pension contributions for the net calculation only tax and NI. If it is that I can include my own information on the box 9 then I will put that

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SerfTerf · 29/06/2017 16:29

That's what I mean. Slippery.

SerfTerf · 29/06/2017 16:30

Oh ISW YOU M.

They can't really be hoping to get away with that. It's a bargaining stance. This might take a while.

Secretsout · 29/06/2017 18:24

It's ridiculous serf he's declared his true income on Form E but now dropped it by half on the document that the judge will see. I can't understand why his lawyer would advise this when we have come to this agreement ourselves and it is fair. It's as if his lawyer wants it rejected so we have to start again and he can bill his client a few more grand!

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AnnaNimmity · 29/06/2017 18:30

What has your lawyer said?

My exH refused to disclose his income. Like you I had a good idea what he earned, and we (finally) reached agreement. (I'm sure exH earned more than I thought, but I was happy with the order in the end).

Secretsout · 29/06/2017 18:45

anna my lawyer said it was a deliberate attempt by his lawyer to make his client look poor and she has requested the P60 (I have it anyway) and an explanation as to why his salary has more than halved since February on the Form E.

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