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Child maintenance payments

14 replies

JillMB · 15/04/2022 07:13

My child maintenance payments have recently decreased by £37 per week on the basis that my ex husband is only earning £214 per week. He is a highly qualified carpenter and works full time as a sub contractor. How do I prove that he is earning more and get the correct amount of financial support. Surely this id a major fail on the part of the cms as any self
Employed person could fiddle their income to show less earning which in turn decreases the amount of financial support they are required to give to their child

OP posts:
TibetanTerrah · 15/04/2022 07:14

as any self Employed person could fiddle their income to show less earning

They do.

Dairymilk50 · 15/04/2022 07:45

I think this is really sh*t and unfair OP for you and your child. Does your ex share childcare at all?

ChiselandBits · 15/04/2022 07:57

In afraid this is pretty standard and something cms seem reluctant to even acknowledge let alone fix. I've said for years it should be a dept linked to hmrc which would at least allow for more clarity (though wouldn't solve the cash in hand issue that lots of SE traders use). How often does he see the dc? You could tell him that if he is not working much he can do 50/50 or close to, and bear the subsequent costs.

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RainbowToes · 15/04/2022 08:03

Contact CMS, start appeals process, financial investigation.
No doubt if they looked at his bank statements it'd be a very different story!

PuppyPowerTool · 15/04/2022 08:13

I tried to tell them that my ex was on a 6 figure salary, two shiny new BMW cars on the drive, exotic holidays etc. His creative accountant made it look like he was earning g 100 quid a week, of which I got a fiver! CMS said there was nothing they could do.

GJMJ · 15/04/2022 08:16

Unfortunately you don't know what he has declared to HMRC. Has he brought a new van etc in the year? If so it is claimable and would reduce his taxable profit which would mean you receive less. The more allowable expenditure he has claimed is beneficial to him.
Google Annual Investment Allowance.

RainbowToes · 15/04/2022 11:47

I got zero maintenance for 3 years because ex is self employed. CMS started tribunal process, had covid delays. Now receiving maintenance. CMS did all court application and paperwork. Cost me nothing to get it sorted.

ItsDisneyBitch · 15/04/2022 13:21

The CMS or CSA are not fit for purpose. My ex dh owes in excess of £12k that was just written off because he left the country. Can you imagine if he had owes that in taxes? He wouldn’t have been able to leave.

MarmitesMyMate · 15/04/2022 13:49

Someone I know who is a builder does 90% cash in hand.
Only has enough go through the bank /books to cover bills and food.
Therefor his cms is pittance to my friend who he has 2 boys with.
He's such a well known popular builder who is highly recommended that people snap his hand off when he does for example a 1k job for 600 cash

TheSnowyOwl · 15/04/2022 13:51

Unfortunately there are some self employed non resident parents that have been doing this for decades.

Alonelonelylonersbadidea · 15/04/2022 14:13

My friend's ex was an actual millionaire, owned multiple stores. He gave her a fiver a week. After a lengthy court case, she was awarded 50k back payments.....she never received it!
It's thankless and wrong.

Kurtanforpm · 15/04/2022 14:27

@PuppyPowerTool

I tried to tell them that my ex was on a 6 figure salary, two shiny new BMW cars on the drive, exotic holidays etc. His creative accountant made it look like he was earning g 100 quid a week, of which I got a fiver! CMS said there was nothing they could do.
Mine too.

Used to brag to everyone that he earned 200k a year (he did) but only had to pay £200 a month CM.

He said that I had imagined his
huge salary when we were together, that I was a fantasist and it was all actually on credit cards!

Singlemamax · 22/10/2022 22:11

I am about to dispute an amount but the next step would be a tribunal. Do the CMS really organise all this? The letter advises me to download and fill out a form.

Singlemamax · 22/10/2022 22:12

RainbowToes · 15/04/2022 11:47

I got zero maintenance for 3 years because ex is self employed. CMS started tribunal process, had covid delays. Now receiving maintenance. CMS did all court application and paperwork. Cost me nothing to get it sorted.

I am about to dispute an amount but the next step would be a tribunal. Do the CMS really organise all this? The letter advises me to download and fill out a form.

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