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AIBU?

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Original poster

to pursue maintenance payments

19 replies

GingerOClock · 06/09/2018 12:14

I am not sure if I am correct in what I am thinking but perhaps someone can help here.

My DC's father started paying maintenance at the end of last year, through the child maintenance service, out of the blue. I've since discovered that this coincided with a mortgage application. He is paying a very small amount in maintenance (£5 per week). It's unlikely that he is earning such a low amount, particularly as he house is valued upwards of £300,000. The mortgage is joint with his partner, so possible that her earnings were enough to qualify for the mortgage, but I'm not sure about that as apparently she doesn't have a job, however he could have transferred some of his businesses to her.

He is self employed and clearly draws an amount that is favourable for tax purposes. Child Maintenance have investigated and found dividends but somehow he has explained those away and they have closed the case.

I'm told I can pursue this further and they will hand over to financial investigations, but I'm concerned about the possibility that he may have been fraudulent with either the mortgage application or to HMRC and the impact this will have on the DC.

At the same time - and this time of year is a pinch for everyone, I know - I have just spent upwards of £400 on new school uniform and equipment and there is a school trip in the new year that will be £600 each, a little help towards this would make my life a whole lot easier...

OP posts:
Medea13 · 06/09/2018 12:19

Perhaps you could mention to ExP that you feel you need more from him, and that CMS have advised potentially conducting an investigation into his finances, and would he prefer to avoid that stress/inconvenience/legal minefield and instead pay you £xyz (whatever you need/want). If he has something to hide, i imagine he'd be keen to avoid a formal investigation...

Original poster
GingerOClock · 06/09/2018 12:21

Sorry - I should have said in the OP that I have tried to have a conversation about that but it fell on deaf ears, he avoids contact with me wherever possible.

OP posts:
CantankerousCamel · 06/09/2018 12:21

Say the words ‘forensic accountant’

And then what money you want from the shady barstard.

If he doesn’t pay I would absolutely follow through too

Uncreative · 06/09/2018 12:22

Either he needs to pay more to support his kids, lied to avoid it and deserves to be caught out or he has been honest and can withstand the extra scrutiny of a financial investigation.

He reaps what he sows. It has very little to do with you.

Don’t your kids deserve extra support if he can afford it? If he has lied, they deserve to know.

user139328237 · 06/09/2018 12:24

Could it be that hes transferred ownership to his partner so she is getting the dividends while he takes out very little in wages to make it look like he is hardly earning?

Original poster
GingerOClock · 06/09/2018 12:27

I worry that if it's found to be mortgage fraud then the house could be taken from him - the DC finally have their own rooms when they stay. First time in 8 years. Also, the anger and resentment it would cause would have a massive impact on them. However, the extra financial support, although would likely make my life easier, and perhaps we could afford more 'treats', the gain for the DC would be as great as the loss IYSWIM

OP posts:
jay55 · 06/09/2018 12:31

Have you checked his accounts with companies house?

jay55 · 06/09/2018 12:33

It won’t tell you everything but you’ll be able to see if he’s moved things into his partners name etc

Taylor22 · 06/09/2018 12:36

OP. If anything bad were to happen as a result of this investigation this would not be your fault at all. It woud be his for lying to CMS and any other agencies in the first place.

If he was honest with CMS and paid the fair amount everything would be avoided.

RandomMess · 06/09/2018 12:42

Under CSA you could request a review based on lifestyle not matching declared income (think it was called variation) I would assume you can do the same under CMS.

Of course he could have a huge pot of savings from his dividends...

Yes I would pursue it, likely he is managing the system but you and the DC have nothing to lose by trying.

Original poster
GingerOClock · 06/09/2018 12:49

jay55I've looked at two of them, and he is named as one of the directors (his partner is not, although interestingly, his ex is!), and the accounts are look healthy to my untrained eye, but I don't really know what I am looking for.

OP posts:
CripsSandwiches · 06/09/2018 12:54

There is no way he can afford a £300k house and can only contribute £5 a week for his child. I would pursue it.

sue51 · 06/09/2018 13:05

Pursue it. He has been stealing from his dc for years, time for him to come clean.

Original poster
GingerOClock · 07/09/2018 14:28

Unbelievably I've just had a letter from child maintenance to say he has defaulted on this months (paltry) payment!

OP posts:
sue51 · 07/09/2018 14:31

So he can't come up with 5pounds for his child. Get onto cms now and get an investigation started.

Original poster
GingerOClock · 07/09/2018 14:37

I have called them. They said someone will call me in 3-4 weeks to ask me some questions.

OP posts:
1travellight · 07/09/2018 14:41

He's making a complete mug of you.

This is not YOUR money, it is money that he should be providing for his children. By doing nothing, you are allowing, nay, encouraging him to deprive his children of support.

Get CMS on his case now.

sue51 · 07/09/2018 14:42

Well done. He needs to start supporting his children.

Original poster
GingerOClock · 07/09/2018 16:06

Anyone know what would constitute evidence?!

OP posts:
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