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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

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Original poster

D81 Form

23 replies

Thelonewolf · 18/04/2019 15:21

I suspect my ex is being economical with the truth regarding his net income so it looks like he earns less than he actually does as he pays for his car via a salary sacrifice scheme. He’s out his net monthly income as the amount after his car, pension payment, tax and NI despite the form stating that the only deductions should be tax and NI!

OP posts:

NotSuchASmugMarriedNow1 · 18/04/2019 15:24

how much is his car salary sacrifice worth?

Don't worry about the pension as you'll be getting half of that anyway.

Original poster

Thelonewolf · 18/04/2019 15:27

It’s about 350 per month.

OP posts:

NotSuchASmugMarriedNow1 · 18/04/2019 15:31

Wow!! That's some car!!

If he's only allowed to deduct tax and NI and he's deducted tax, NI, car salary sacrifice and pension contributions then he hasn't filled the form in correctly has he? It is therefore not admissible and he needs to re-do the form deducting only tax and NI as stated.

You need to tell him this. Is he not getting legal advice?

Original poster

Thelonewolf · 18/04/2019 15:40

His gross income is just under £3500 on the form his net is £2200. We have approx £80k of equity in house, I put a large amount in when we bought the FH before we married along with paying stamp duty, searches etc. He has £15k of debt I have £10k, his pension is worth £50k mine £10k,
We’d agreed to keep debts and pensions separate, he gets £20k and I get £60k from equity of house.
My gross annual is in £16k, his £41k, we have children 4 and 8. I claim tax credits and child benefits which increase my income so my net income would appear on paper not a great deal less than him.
We co-parent so that’s pretty much 50/50.
During our marriage his career flourished whilst mine hadn’t, I always had lion’s share of the childcare.

OP posts:

Seapoint2002 · 18/04/2019 15:45

He will have to produce documents proving all his figures so his payslips should show the car money coming out.

NotSuchASmugMarriedNow1 · 18/04/2019 15:46

That pension sounds very small. Has he actually provided a CETV for it?

Original poster

Thelonewolf · 18/04/2019 15:55

Yes he is having legal advice. He also states under box 9 (mention anything that could effect the consent order) that his job with his current employer ends in 2 weeks.
He has a new job, quizzed him on it as it’s relevant. The wages are the same excluding the car. Apparently he didn’t have one when he completed the form, I think that is rubbish!
He also says that he has no intention on cohabiting with his GF despite telling me that she is a permanent feature and he spends most of his free weekends/ eves at hers.

OP posts:

Original poster

Thelonewolf · 18/04/2019 16:01

He hasn’t produced any supporting documents, and refuses to as “he doesn’t have to with a D81” Ive got all my supporting documents. I’m just waiting for some info the conveyancing solicitors to put in with showing my deposit etc to go with it.

OP posts:

Seapoint2002 · 18/04/2019 16:31

If it goes to FDA and FDR he will have to produce back up documents. He will also have to give you a copy of his p60 every year until the children are 18 if there are any.

larrygrylls · 18/04/2019 17:13

The D81 is a summary (and updating) of the form E, which he had to evidence. If it is substantially different, I am sure you can challenge it.

Original poster

Thelonewolf · 18/04/2019 18:35

We haven’t done form E as we’d come to an agreement hence completing for D81 to go with the consent order.

OP posts:

millymollymoomoo · 18/04/2019 19:21

If you’ve already agreed split if assets what are you actually concerned about? It unlikely he’ll pay spousal support on that salary and child maintenance will need to be at least in line with csa ( although I see 50:50 so not sure if any due)

Original poster

Thelonewolf · 18/04/2019 21:54

We agreed before I knew the value of his pension, it was based solely on the level of equity in the house. He thought his pension was much smaller.
I earn a lot less than he does, I’m being moved onto UC from tax credits. As I will no longer be able to claim anything, due to the amount of capital/ savings I’ll then have. My salary won’t cover my outgoings and I’ll have to use my capital to cover the shortfall.
My concern is that he has made his income look less than it actually is.

OP posts:

larrygrylls · 19/04/2019 17:06

If you have agreed and are still happy, don’t worry about the D81. If you are not happy, you need to go back, both do (evidences) form Es and renegotiate.

What outcome are you looking for and how do you think it will be best achieved?

Original poster

Thelonewolf · 20/04/2019 21:17

I’m not happy about with it at all, it’s pretty much an equal split however that doesn’t make it fair! If I ask for form Es he will threaten me with court.

OP posts:

millymollymoomoo · 20/04/2019 22:08

I’m not a lawyer. How long was the marriage and what ages are the children? If you are parenting 50:50 he will need to have similar house to you so your needs are the same and you’ve already said that your monthly income is about the same when all is said and done. You may find that a court would award slightly more in your favour 60:40 or 70:30 ( no one here can say) but you could spend a lot in fees when actually there’s not a lot in the pot and all the time that is being diminished. What do you want to get and have you provided that as a proposal ?

Original poster

Thelonewolf · 20/04/2019 22:31

They are 4 and 8, married for 5 years when we separated (I was pregnant at the time).
He has taken a new job that’s a minimum of an hours commute away. Going forward 50/50 care split isn’t going to work in my eyes, I can see it end up me having them all week and him only seeing them every other weekend.
I suspect he plans on moving in with the GF given that he’s practically living there anyhow!

OP posts:

Original poster

Thelonewolf · 20/04/2019 22:32

Our gross income isn’t the same though, his is double mine!

OP posts:

millymollymoomoo · 21/04/2019 09:06

You’ll either need to ask fir more and negotiate with him to agree or let it go through solicitors and possibly court for an outcome. However, be careful not to rack up costs in doing so. Also be mindful that 50k pension is not equivalent to 50k pension and you’re possibly in real terms arguing about the 20k in equity

What do you think you should get?

millymollymoomoo · 21/04/2019 09:07

50k pension not equal to 50j equity that should read

Original poster

Thelonewolf · 21/04/2019 09:50

Enough to buy a house similar to the FMH, he’s living there atm. I’m renting a small flat because that’s all I can afford, the biggest mortgage I can afford is £48k so including the £60k from the FMH ca. £108k budget. which doesn’t buy much in my area

OP posts:

Original poster

Thelonewolf · 21/04/2019 10:06

I said that I want to split the pot 60-40 to me he said I’d have to take him court, I want us to walk away with what we came in with as if we were never married. Something we’d always agreed would happen however since his GF has come he wants £20k from the equity and to transfer house and mortgage to me!

OP posts:

millymollymoomoo · 21/04/2019 11:30

Do you have a solicitor? Have you got child maintenance claimed too? If not do so

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