I've just applied for CMA, and have been told that my self employed ExH (he works under a limited company) will only have to pay according to how much salary and dividends he draws from his company and not according to his actual income.
He invoices approx 70-80k per annum. This money goes straight into his business account. He then withdraws 9k salary and approx 20-30k as dividends.
The CMS calculator suggests I am entitled to around £950/month if his salary is 70k, but just £400/month if his salary plus dividends is 30k/month.
This is obviously a massive drop, but the lady from CMA said there is nothing they can do. It seems like a ludicrous loophole to me?
I am going through a divorce and Form E is due to be exchanged tomorrow. CMA will take another 4-5weeks to process before it comes into action.
Can I do anything about forcing payment based on his full income?
I am actually devastated at this potential shortfall in income, ExH does not provide for DC at all, sees them once every 6 weeks, and has had 5 solicitors letters requesting he pay CM, all of which he has ignored.
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Can the CMA make my self-employed ExH pay according to what he earns and not what he draws as a salary/dividends?
Namechanger2015 · 21/01/2016 06:54
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