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AIBU?

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Original poster

CMS zero ??

30 replies

ExPDilemma · 02/09/2024 07:50

What to do?

did a CMS claim for exDP, he was being difficult and I wanted to minimise the contact I have to have with him. We’ve reasonably amicably coparented for years but he’s increasingly letting our DD down and I’m struggling to bite my tongue.

CMS have awarded zero

he along with his business partner is a tradesman, he’s working all the time (constantly late to collect DD because of work) earning around £1k a week if not more

he has her 2 nights in every 3 weeks - maybe 10 extra over year in school holidays. He doesn’t have anywhere for her to sleep so she always stays with his parents.

he has a child with new partner who works part time. She also has a child from previous and recieves maintenance from her ex.

how can the award be zero?

is there any possibility other than he’s lying about his income? I thought even then there was a flat rate?

he’s immediately stopped paying the measly £40 a week he had been.

i don’t know what to do, DD is 13 and I’ve never said anything bad about her dad but I’m so furious with him for just dropping any responsibility whatsoever.

OP posts:
Mrsttcno1 · 02/09/2024 09:51

I’m sorry OP this sounds like a rubbish situation. Potentially he’s hiding income, the fact he has another child with his new partner & (I assume) is living with his partners other child as well would also reduce it, as he’s essentially responsible for 3 children.

It is rubbish though, the system makes it easy for dad’s to get away with doing and paying very little

Original poster
ExPDilemma · 02/09/2024 10:55

Thanks for responding. I was just very taken aback with it being zero. I can only assume he’s not declaring any of his self employment income?

the irony being he told me he was working so much to maximise his income to be able to afford a bigger house with space for her to stay over. I hadn’t pushed for him to pay more all these years because of that but it’s become clear that’s not the case. If he’s not declaring his income he’s not going to be getting a mortgage is he?

yuck, I really never wanted to believe he was this useless

OP posts:
Changeiscomingthisyear · 02/09/2024 10:56

Report him to HMRC.

Borninabarn32 · 02/09/2024 11:03

Lying about his income. Report him to HMRC but they rarely do anything. It's actually pretty daunting how few people even get done for tax evasion. Chances are you can just stop paying tax, ignore the letters and they never do anything about it. My ex owes 6 figures, he gets letters, that's all.

RandomUser82 · 02/09/2024 11:24

If you read the 'award' letter it will usually tell you what income he has declared. Then do a mandatory reconsideration. Much better if you have proof though (though I'm not sure what proof you can have-ive never been able to prove my ex gets more than £100 a week-except maybe that he actually lives lol)
But don't expect anything to happen quickly, CMS is the worst company I've ever had to deal with.

circular1985 · 02/09/2024 11:28

Do you have texts with him saying that he's working loads? If so I'd report him.

RB68 · 02/09/2024 11:29

Actually report this to CMS they can and do investigate and work with HMRC to validate what is happening. It sounds like he is working it all cash in hand. But CMS have the power to investigate further and push HMRC for this to happen - its slow progress though.

Personally I would have an intermediary speak to him and let him know that clearly there has been a "mistake" in the calculations and he wouldn't want you to go back and query this clearly so best he just directly pays x amount (whatever is a reasonable amount but be prepared to go down a bit) and no one investigates what he is up to as HMRC and CMS are linked these days and freely share information.

lmoh · 02/09/2024 11:35

My ex pays 23 quid a week when I know his actual income is 100k. He has no other kids. He’s been on two holidays last month and rents out an apartment with a pool. The system is broken

AgileGreenSeal · 02/09/2024 11:38

“he told me he was working so much to maximise his income ”

do you have this on an email / text ?

if so send it to CMS asap

Original poster
ExPDilemma · 02/09/2024 14:23

Managed to speak to cms on phone who confirmed he’s only declared benefits income so they are going to do a mandatory reconsideration. Not holding out much hope based on what everyone has said.

it’s totally changed my opinion of him overnight. Thank goodness I’m not still with him.

OP posts:
MotherJessAndKittens · 02/09/2024 14:26

Tell them he is lying and report to HMRC - there is a form on the website you can do this anonymously.

Bigcat25 · 02/09/2024 14:32

Borninabarn32 · 02/09/2024 11:03

Lying about his income. Report him to HMRC but they rarely do anything. It's actually pretty daunting how few people even get done for tax evasion. Chances are you can just stop paying tax, ignore the letters and they never do anything about it. My ex owes 6 figures, he gets letters, that's all.

Interesting. In Canada they would start garnishing your wages for taxes owed.

Original poster
ExPDilemma · 02/09/2024 14:33

He’s self employed which it seems means they have no real power unfortunately

OP posts:
Borninabarn32 · 02/09/2024 14:49

Bigcat25 · 02/09/2024 14:32

Interesting. In Canada they would start garnishing your wages for taxes owed.

Show quote history

It'd be different if you're employed by a company and on PAYE, your employer declares and pays your tax for you. CMS can even deduct from your wages before you get paid. If you run a company or are self employed they have virtually no power. Legally you can be imprisoned, but they investigate so few people and convict such a tiny proportion of those few even if they're reported.

DaisyChain505 · 02/09/2024 14:54

Send him a stern messages saying that he has three options.

  1. Have his child 50% of the time to reflect him paying zero child support.

  2. You contact HMRC and report him and have him and his company investigated. If he has social media pages/business cards/vans advertising his business take screenshots/provide links etc.

  3. He stops being petty and agrees the pay the CMS.

This money is not for you it is for your child. To pay for them to eat, to buy clothes, school uniform, pay towards the electricity it costs to house them.

AmandaHoldensLips · 02/09/2024 15:01

Until men are criminalised for refusing to pay child support, the "system" will remain utterly toothless.

Exisanob · 02/09/2024 15:11

What sort of trade is he working in? Has he got a website? Limited company with accounts posted online?
Start a mandatory reconsideration OP and start gathering your evidence.
If he’s claiming benefits income that’s fraudulent - report that too.

I also have a pet dick head.

StainlessSeal · 02/09/2024 15:15

I'd tell him that if he doesn't declare his actual earnings you'll shop him to HMRC. I think you're more likely to get the money this way rather than just hoping HMRC will actually do something...

Igmum · 02/09/2024 15:24

So sorry OP. As others have said, the system is screwed for self employed and company directors. If they want to play the system and make their kids suffer it's way too easy.

creepedoutbyit · 02/09/2024 16:44

Can't you look on companies house and see what he earns that way ?
Is he being paid cash in hand by his mate ? Sounds like it if he's saying he's on benefits. What a prick

Original poster
ExPDilemma · 02/09/2024 17:16

Nothing on companies house, I’ll be surprised if they’ve actually set the company up properly bar the Facebook page but they’ve been operating that way for a few years now.

OP posts:
FuzzyDiva · 02/09/2024 17:21

If he isn’t declaring his self employed income, then it will be difficult to prove otherwise.

Exisanob · 02/09/2024 17:45

One bloke got nailed on his Sainsburys points…he used to pay in cash for everything but couldn’t help accruing his Nectar points….
Start the mandatory reconsideration OP.
eventually you’ll get to Court and it’s harder for them to lie to a judge.

GabriellaMontez · 02/09/2024 17:52

Do the Mandatory reconsideration. It will fail. Then take the next step which will be court.

Be ready to provide any evidence you can for eg the fb posts. It will take ages, maybe a year. But it can be backdated.

The courts have the power to get bank statements.

If he's working cash in hand you probably won't be able to prove anything.

creepedoutbyit · 02/09/2024 18:10

Is his gf on the books by any chance so she's being paid his wage while he claims the benefits ?

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