I’ve got no chance against the other side’s Solicitor have I?

[Watchingthetiderollaway]

Sorry not an AIBU, but wanted to post here for hopefully extra responses.

I appealed against a child maintenance decision and a Tribunal hearing has been arranged for just over 3 weeks time. I only found out last week that my ex has got himself a Solicitor, and now I feel defeated already as she’s clearly going to know every legal loophole there is in order to help him win the case.
I can’t afford legal representation and I’m feeling so pissed off that my ex can make out he’s broke to the cms but then be able to afford a Solicitor.

The only way I found out he has a Solicitor is because she contacted me asking me to send her all paperwork that I’m hoping to rely on in the hearing. Has anyone else been in a similar position?

🤷‍♀️

good luck

Didn’t think so.

I haven't had time to read the full thread but if the company in question is a limited company you can access the latest accounts free online. Google companies house beta service and just put in the company name. You'll be able to see accounts, names of directors etc. If it's a 'small company ' ( there's a legal definition) then less info will be available, but it's worth a look

Do come back to update as to what happens and educate people though!

ODFOD. You’ve added diddly squat that is useful to this thread. Nobody questioned the legality of the structure of his business, but it does appear you missed the point of why she is going to court - to challenge CM. There are very clear guidelines and processes in place by the CMS about what issues can be taken to tribunal. Diversion of income via excessive dividends is one. Excessive pension is another. Or how about changing the shareholding of a company to avoid paying CM. Employing a family member - yep that can be looked at also. These are all perfectly legal structures. WE ALL KNOW THAT. Perhaps you could educate yourself further, but these are some of the challenges that are allowed. Rights of the Child is a good website for you to look at. HTH.

Good grief!!

www.mediateuk.co.uk/financial-disclosure-on-divorce/

@Watchingthetiderollaway if your ex goes to court represented, the solicitor will speak on his behalf.

With regards to financial, documents, both parties have to supply everything they are relying. As a general rule, you will file yours at court/tribunal and serve a copy on the other side (your ex's solicitor). Inform the tribunal when filing docs that a copy has been served on the o/s also. Please do not take the advice on not sending anything - all this will do, if you decide to produce anything on the day, is cause the hearing to be delayed whilst the other party considers them, or even adjourned for another date.

If you feel that you have not been provided with everything, write to the solicitor asking for the documents and send a copy of that correspondence to the court. This means that all parties are up to date and aware of what you are doing.

With regards to company accounts/directors, go on to Companies House Beta. You will see an option to search for a company, click on that and type in company name. Once you see your ex's company click on the name and it will bring up all the details with various headings. Click on "People" and it will show everyone who is a director or company secretary. Under this heading you can see who the beneficial owner is i.e the person basically on the top of the food chain so to speak. If you then go into the Filings tab you will see who owns what with regards to shares and all company accounts that have been filed to date.

Hope this helps x

Good advice too, thank you

A director's loan is where a director of a company withdraws money from the company, but without it being recorded as a salary or dividend payment. i.e. the company "loans" him the money.

It is officially illegal, though does happen, and HMRC tax the company on it if it is not repaid within 9 months of the year end.

HMRC brought in the tax charge because too many people were "borrowing" money from their companies but never declaring it as income or paying tax on it.

If it's a family business he'd definitely have to have all his family behind him for them to agree to pay a tax on his behalf that is otherwise unnecessary. The company would get the tax back as and when the loan is either repaid (by either him literally repaying the loan, or by him taking a salary or dividend to cover it), but in the meantime it's a cashflow disadvantage to the company.

Hi
Best of luck and sorry to jump on your post.
My ex has also said he’s taking the CMS decision to tribunal but this is following a financial investigation and rejection to mandatory reconsideration.
Surely the financial investigation provides all evidence? Or would I need to? I thought this was between him and CMS- I didn’t realise I would have to go too!
Thank you