Self employed Ex- maintenance?

[EmmaH83]

Hi,

After my ex and I divorced we agreed privately an amount that he would pay for both of our dd’s. That amount hasn’t increased in 5 years and in this time he has become self employed.

My issue is the girls are older now and I am paying for school trips and after school clubs and this is expensive.

His view is I should manage the money he gives me effectively and that if I challenge the amount he will half my payment because he is building his business and therefore isn’t very profitable.

Has anyone got any experience of this? It’s doesnt feel right that I have to pay for everything and he pays a lower standard amount.

Good luck. My ex should pay £1700 per month. He stopped making voluntary payments I went through CMS. I get £100 per month. He earns between £150-£175k per year.

Maintenace payments can go up or down depending in how much the payer is earning and without knowibgfor definite you could be setting yourself up for a smaller payment. Maintenance does not increase as the children are older but in line with earnings. If he is self-employed his actual earnings could be a lot smaller and therefore your payments may reduce of course it's all up to you.

CMS only work on tax declared income. My poor love only earns £200 a week according to the tax office. His other £164k is taken through dividends which CMS do not take into account

I know there are all sorts of stories of CMS not taking dividends into account, but I have plenty of cases where they have done.

Keep asking CMS about it.

I think what you need is a variation.

www.legislation.gov.uk/uksi/2012/2677/regulation/69/made

That's the relevant bit of the 2012 calculation regulations.

The ITTOIA 2005 referred to is here

www.legislation.gov.uk/ukpga/2005/5/contents

Part 4 chapter 3 applies to UK dividends

www.legislation.gov.uk/ukpga/2005/5/section/382

So the CMS ought to vary the assessment to take dividend income into account.

They will take dividends into account but its a more complicated process, im going through exactly this atm. PM me if you want to chat more.

My x is proceeding with mandatory reconsideration to get payment reduced - I may need to get dividend income or directors loan taken into account @Whatiwishfor can you post on here please or pm me the process thanks

Also @EmmaH83 have you signed the petition here

www.mumsnet.com/Talk/relationships/3101882-Gingerbread-child-maintenance-loophole-in-bbc-news