Child maintenance

[user1485859001]

Hi,
I'm not sure what section
This should go in.
Me and my ex have been split up for about 10 weeks. Iv just applied for child maintenance through the CSA. My ex is saying he only earns £100 a week as he's self employed. He earns 80k a year. Iv asked the CSA to investigate. They said they would and I asked how long till I'd hear back but they didn't answer.
Iv since been told they prob won't investigate as they are busy and with all the people that lie they wouldn't have time to investigate everyone.
Iv been told to go through a solicitor. Who's correct?
What steps should I be taking next?

[whatbeshrekking]

I don't know the answer OP, but that's ridiculous. The CSA should be given the powers to insist that all these losers give up self employment and get alternative jobs when they claim to earn so little from it. Lying scumbags.

[CandyCreeper]

took 4 months to set up cms with my ex and he is on benefits so should have be straight forward!! they probably want you to report it to hmrc

[fruitshot]

If he's SE is he taking the income limit 12k, and then paying dividends?
If he is, CSA will only use the 12k or whatever he declares as pay to HMRC.

For example, we earn over 100k but DH's earnings are only 48k.

[everandeverandever]

In my situation I was told by somebody wise on here that you can apply for a variation. This means that they can investigate any undeclared earnings/diversion of funds etc.

However, as the rather cheerful chap on the end of the phone told me, they rarely catch anyone because you have to have fairly watertight proof. Definitely not my utter bastard of an ex who is merrily working cash in hand (very high demand trade, very high earnings, all own tools) and presumably keeping it under the floorboards or pouring it all into his ltd company, but can I prove it? Unfortunately not.

Anyway, here's a link. Hopefully I've given you the correct information...

www.citizensadvice.org.uk/family/children-and-young-people/child-maintenance/child-maintenance-2012-scheme/child-maintenance-reviews-and-appeals/the-2012-child-maintenance-scheme-grounds-for-a-variation/

[everandeverandever]

Sorry about long link. Forgot to add that my ex pays the princely sum of £6.27 a week as he is ''claiming benefits'', good thing I started saving when I had an inkling he might be an utter twat!

[user1485859001]

He contracts so he gets paid into a bank account not cash. So I'm hoping it will be fairly simple to see however he is clever and seems one step ahead. The person at the csa wasn't very helpful either so I'm unsure if they will actually investigate. I asked how he could afford all the bills and mortgage etc if he was only getting paid £100 a week.

[user1485859001]

Thank you il have a look into that link when I get a second. X

[everandeverandever]

Oh don't!! And the brand new BMW, expensive phone tariffs, and the endless luxury items that he used to buy himself and the holidays... I guess that must have all stopped now that he's living on 'benefits'.

Again, he's disappeared so no way of proving anything... maybe he is living in a cave somewhere and to be honest, it's no less than he deserves. On the other hand, I've had to go back to work full time, just to pay for my child's nursery, and stuff like, you know, food, clothes, heating, nappies, etc.

It is so frustrating that they cannot or will not do more. The guy on the phone literally admitted there is nothing they can do.

Good luck!

[Hehx3]

Yes as everandever suggested ask for mandartory reconsideration. Its likely to be rejected as you wont have hard prooves but dont get discouraged. Within a month from rejection apply to Tribunal - They have powers to look into his financial including account. Its a process im going through. Will not be quick but dont give up. Kids deserve the effort and deserve to be treated fair by both parents. Good luck.

[bettycat81]

I was advised to report my ex for tax evasion. I only had to tell him that that was what I had been advised to do for my money to go up.

[user1485859001]

I have proof of some outgoings that he pays so that will show that he is no way on what he says he's on.

Who do I contact about tax evasion?

He thinks because he owns a business he doesn't have to give me as much as the calculator says (£150 weekly)
He speaks about putting our lo first the. He does this 🙄.
It's just another control thing for him. Something for him to have over me.

[everandeverandever]

You can report on the gov website. However, as I said before, and others have confirmed, you do have to have fairly substantial proof.

And as for putting the lo first... well I think we can all safely say he is most certainly not doing that!

[user1485859001]

Thank you I will have a look at that.
Surely they see just by looking at he's bank account they will see how much he earns though?
The system is mad. I don't get it.
He certainly isn't

[user1493391728]

hi, i've just had my annual review through and my ex has somehow managed to given them a grossly reduced income figure
Been on the phone to CMS who said they will send him a letter or something.
We're talking about 12% of his income, it will still leave him with more than twice what me and his son live off. All the maintenance goes on childcare costs, so its not like I'm living off it.
I'm so sick of the stress of it all. Its just so disgusting . I hate him so much :(

[user1485859001]

It's so stressful isn't it. My ex is living in our house while I'm back at my mums.
I keep trying to explain to him that maintenance is to pay towards her clothes, food
and for a roof over her head. He just doesn't get it. Yet he still wants to
see her and he's mum thinks he should have her 50:50 as he's "such a good dad". He said he will buy her clothes but will keep them w

[everandeverandever]

Ironically I had a telephone call from the cms today, to inform me that my payment would be 'changing' back to whatever pittance it was before, which I already knew as the arsehole stopped claiming benefits, moved half way across the country (not far enough in my opinion) and then started claiming again. In the mean time, I got a letter through telling me he had stopped claiming benefits and would be paying x amount based on whatever HMRC had decided his earnings were, and when I called to query this, was informed of the above, that nope, sorry, back on benefits. What a lovely chap he is.

Anyhoo, I stated again my utter horror that nrp can play this game (obviously signing on/working cash in hand/not declaring correct income, etc rather than contribute to their own flesh and blood - he's not actually allowed to see dc unsupervised, and hasn't for months, thank goodness, but that's another story), and she said that although without solid proof they cannot make this variation at face value, but if you have proof that his outgoings far exceed his supposed incomings for example, expensive car, holidays, high mobile phone bills, mortgage, even down to expensive clothing etc then that can trigger an investigation.

May not help my situation, but I did think of you, whilst I laughed hollowly as she told me she wished there was more she could do. Actually genuinely believed this one as well, she seemed pretty annoyed at how useless the system was as well... Worth a try.

[user1485859001]

I'm sorry to hear you are having a hard time to. It's awful that he's doing this to you. Must be hard getting a call as well and they keep changing there mind.
I called cms again yesterday and spoke to someone a little more helpful.
They said that my next step is to report him for tax invasion first. According to cms he is paying. The correct price for the tax he paid.
They just said he had a good account.
If that doesn't work I need to contact them again and there are two possible other things they can look into and it could possibly go to court. I'm not sure why they can't just look into he's bank account straight away. Then they would see.

It must be very difficult having a dad who doesn't want to see their kid. Makes me sad. I have the other problem. My ex had decided he is father of the year all of a sudden and wants to see her all the time (again that's another story).

[everandeverandever]

Haha don't worry, he is a violent, abusive arsehole, and he's not allowed to see dc unsupervised anyway! So off he fucked. Absolutely fine by me!
Really hope they/you get it sorted. Just try and get as much evidence as you can!
As i understand it, they work out the amount based on whatever information HMRC give them... far too complicated for me to try and work out how the system works, but as I said, in my case, as with many many others, it means that many nrp can get out of paying anything meaningly so easily. Just sums up the sort of people they are!
Good luck!

[user1485859001]

Oh dear. Sounds like your Better off without him and him hiding in he's cave.
I have a bit of proof and il continue to try and do what I can. He's now twisting it trying to make it sound like all I'm after is money 🙄. He has a way of twisting things. He's also saying I'm dictating when he sees he's daughter and acting the victim. I wish he cared this much when we were together. But now I guess he can carry on getting Everyone to feel sorry for him x

[Aatt]

Sounds like a typical narcissist. My child’s father is similar. He refused to pay his CMS payments until he reduced his income to such a level im getting less than child benefit from him. ( the income is false he is self employed) CMS changed it to collect and pay however he is now trying to avoid fees and sent me one payment direct. What happens in this case? Ive already informed CMS.