CSA decision for self employed non tax payer

[Mimimwenyewe]

My ex and I divorced over a year ago. We have 3 children-1 who is his son, now 16 from another relationship- mum is foreign and has no contact with her son and 2 others together aged 13 and 8. Nothing was written into the divorce about support for the children and sharing of property as I was the one with the job who paid for the house (with the backing of my parents). He is wealthy in his own right but all his wealth is inherited and in its original form so could not be touched by me (he cashes in a painting every now and again if he needs a cash boost). He does spread betting on the Futures Market to earn money, which is apparently exempt from tax as it is classed as gambling. He also has 2 companies which are both under 3 years old. He lived abroad for 20 years before that and made every effort to avoid paying tax in this country after a hearty inheritance gains tax bill when he first got his inheritance.
The short of it is, I am the full time carer and provider for all 3 boys. They are happy to visit their dad 1 day a week but apart from that they are with me. He does not financially contribute to their upkeep at all apart from the £20 between all three a month I get from the CSA chasing him up (as he is self employed and has told them he doesn't earn enough to pay any more). My issue with this is that he lives alone in a 3 bedroom New town flat where the average rent for a property is £1500 a month. He is not a 'flash' person but he does treat himself to nice things and has also managed to buy a half decent car this year. The CSA told me that unless I had 100% proof of income through his bank statements there was nothing they could do. I know his company names but it appears neither have filed tax returns yet.
Is there anything I can do to get him to contribute a fairer amount?

[vettles]

Have you asked him?

[corlan]

What a fantastic idea vettles.

I'm sure the OP had never thought of that.

[vettles]

I'm sure she has, but she doesn't mention it in the OP and telling us his response to being asked might give us more information about the situation.

[Lioninthesun]

From other threads and similar experience you need to get a Deed of Variation from CSA, then appeal when they say it didn't work and get it sent to the next level and head for tribunal. They don't like giving them out as they have to use so much of their tiny resources to go over them, which is why they are used saying you need 100% proof. I considered this with ex - did DofV and then thought I actually can't be bothered (as it can take years and exp likes game playing as well as being 'the victim' too much) - I can just about survive and him paying £5 a month, hiding everything and having to pay an accountant to deal with it all just gives me more to tell DD to show what a con man he is when she is old enough to understand. I felt that if I went through it all it would prolong his hold over us. However you have 3 boys and I can completely understand why you would want to pursue it. This thread should spell it out better for you: www.mumsnet.com/Talk/legal_money_matters/a1782403-CSA-taking-on-self-employed-own-company-non-resident-parent
You can also hire a specialist private detective but worth speaking to CSA to see what they would count as proof before spending out.

[Mimimwenyewe]

Yes I have asked him. He says I should understand that he needs money to live and it's not easy for him (he has been able to live off inheritance without a job or doing whatever he has felt like from the age of 20 to 46 so not able to feel much sympathy). I know it sounds a bit bitter but his life's work has been to avoid giving money to anyone or paying for anything. He has been known to buy himself a brand new pair of top of the range binoculars (because you need these for bird watching and they won't damage your eyes) and in the same month not buy his son a birthday present. He can fly to Dubai on business but not leave any money to pay bills or for food...nor pay for it on return because he shouldn't have needed to as he was away. That was several years ago but I am just pointing out that he thinks of himself at the expense of all else and this is at the expense of his children.

[Lioninthesun]

I do get you OP. the Lone Parent's board is full of us RP seeing how NRP get away with driving Audi's and living in London whilst flying around the world on holidays every other month. You are not alone. Sadly the system is completely on the side of the NRP who has enough to avoid paying or knows the system has so many holes it should be classed as swiss cheese. Hope my previous post helps and good luck.

[forago]

I am self employed and have a company. if it is registered in the UK I was under the impression that he has to file annual company returns and an annual statement which you should be able to get hold of. are you sure they are live companies?

if the situation is as you describe I find it very difficult to feel any sympathy for him whatsoever. he is independently wealthy but does nothing all day except pissing about on the internet spread betting, has left all his sons with you including one who is not biologically yours and pays £20 a week for them?!? and he's in his forties? I'd be hiring a lawyer and going after this feckless waster with everything I had.

[Mimimwenyewe]

Unfortunately I have no spare cash to pursue him for anything as every last penny goes into keeping that family as it did when he was with me too. When I was getting divorced, the lawyer was very clear that because it was all inherited wealth and in the form of paintings and what cash he'd had I had not ideas about that I was fighting a losing battle unless I hired a forensic accountant, which would have badly backfired if I discovered he didn't actually have any liquidity/had all money tied up in companies. Thanks for supportive statements and suggestions. It does kind of make my blood boil but only because my boys deserve better. Thought marriage was meant to make both partners equal and mean that children would be protected...shows that those with the cash to hire the big gun lawyers and create the laws/clauses in the law have too much say!

[Mimimwenyewe]

One company started 1 year and 4 months ago the other 2 years 4 months ago according to company check and LinkedIn. It says accounts not filed. Any ideas what to do about that? CSA suggested I contact Inland Revenue if I think he is being fraudulent. The answer is I think he is but I suspect he is 'above the law' in terms of the ways he is doing things...no way of proving anything myself.

[forago]

Hmmmmm you need an accountant here to tell you but I think you have to file accounts with companies house in a timely fashion, even if the company is dormant, or you get fined? I would have thought 2 years is pushing it. Have you checked the companies house website?

[Lioninthesun]

My ex was 'co-founder' of a business to pass money through to avoid CSA and he also hasn't apparently filed one in 2 years. The address given as company address is his accountants as well. It is all very dodgey, and is probably all a front. Trouble is every other NRP on CSA's books is doing this and HMRC just don't want to chase after small fry (anyone earning below £70k) as it is apparently not worth their while.
Personally I find it appalling that they condone tax evasion by allowing it to continue and not making examples, but then I would say that being a LP!

[forago]

Its normal and not necessarily dodgy to use accountant address as company address, mine offer this, then they take care of all the company secretary stuff.

But anyway, the rest makes my blood boil on your behalf! How can someone with valuable paintings pay only £20

[Lioninthesun]

It is frustrating where CSA are involved though as you can add in about living beyond their means, so if the address was on Oxford St and you can work out the costs of the company lease per annum you could show he clearly earns more than minimum wage. It's all done to hide assets, down to the last detail. The name is also very suspiciously similar to the accountants, which to me shouts that it is a fake, but you simply can't prove it.
Anyway, as I said I gave up as it was simply too devious for me to bother unravelling. They go above and beyond to shaft their kids, basically.

[tb]

You could always tip off HMRC that he's not declaring his earnings, and they get rather suspicious if someone's living without 'visible means of support'. They've been known to send a tax demand to prostitutes on the income they feel must have been earned to allow a particular lifestyle.

How did he manage not to give you any assets in the divorce?

[Mimimwenyewe]

He managed not to give me anything as I never knew any of his bank details and shares do everything he has lived off is inherited and in its original form...ie not cashed in...or spent, or his money was in the name of a company and in the name of a business. I had always used my money to keep the family and he told me that his would be for later in life. As I say, his mission in life has been to avoid tax...this was not instantly clear to me as I met him and lived abroad and I was pretty young and naive. It only came out bit by bit and by then I had his little boy to look after and my own too and couldn't figure out how to get out. Thought when I actually married him that I was making life more stable and certain for my boys or I don't think I would have done it...anyway, retrospect is a great thing! I had to pay for the divorce etc as he was living off me for free as he had done for the 2 years since we came back from abroad. Even 2 years after we separated he wouldn't move out, was eating my food and as he worked from home he had the heating and lights on all day. I had to get the lawyer to let him know I would be changing the locks. Lawyers bills are a bit shocking when you have never had to pay them before and as I was paying he mortgage etc that he said he would contribute to once he got a job I had very little spare to pay bills.

[Nappaholic]

You could apply to the court for a financial remedy as a litigant in person....not ideal but at least the court would conduct some semblance of an investigation. Although the CSA up handles child maintenance, the courts powers are quite extensive regarding eg spousal maintenance and lump sums. Inherited assets are still resources the court can bring in to account where there is not enough marital capital to meet needs....