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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.

Limited company and child maintenance

10 replies

Rebecca75 · 26/01/2021 17:05

I have posted a question about this before but can't find it...

For those of you who are divorced and who's ex has a limited company (he is a sole trader with no overheads) who set up the limited company for tax reasons.
Since our divorce both of our financial circumstances have changed - I now earn half of what I was and have had to take furlough as I couldn't home school my primary aged children and work full-time - we were all losing the plot. So my income is now £18,400. I work in sales so have quite a low basic but obv now no commission.

He has gone from £50k a year when we divorced to £40k PER MONTH! (I know this because stupidly his business bank statement still comes here each month)

He pays e £600 a month for the kids. I have asked for an increase, even just in the short term until I can get back to work again but he said no..

Have any of you got experience of csm with limited companies and can tell me how it works and what my chances are of getting an increase?

OP posts:
wobytide · 26/01/2021 19:17

Think you still have to apply to CMS in the first instance and then depending on what they assess you then subsequently apply for a variation that the lifestyle exceeds their stated income and the net can be cast a bit wider. Though you may well need to start some form of legal proceeding or get some advice from a. Solicitor about how likely this will be to succeed

millymollymoomoo · 26/01/2021 23:05

I don’t mean to sound rude but are you really sure that’s not turnover ?

Rebecca75 · 27/01/2021 09:55

@millymollymoomoo - you're not being rude. And no, it's not turnover - he is an office based contractor who has managed to get paid an absolute fortune.

Thanks wobytide - I guess a phonecall will be the best thing to do - Ijust don't want him to know that I'm looking into it

OP posts:
millymollymoomoo · 27/01/2021 11:25

So that’s monthly net profit?
If it’s a limited company it’s not ‘his’it belongs to the company. He’ll be paid a salary - what’s that ?

Lemmeout · 30/01/2021 08:56

Go online to Companies House and look him up. Read his filed accounts.

PandaBabyJuly · 30/01/2021 09:04

The CMS can only take £3,000 a month as income - anything above this you need to go to court; I've linked their page for you :-) page 10

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/672432/how-we-work-out-child-maintenance.pdf

wobytide · 30/01/2021 09:49

£3k per week is the limit not month. Otherwise it would force a lot more into court system

OohImBlindedByTheLights · 30/01/2021 09:54

Why are you opening his mail?

EuroTrashed · 30/01/2021 09:56

What the company earns is not the same as what he earns. He could pay himself )12k and take the rat in dividends, which is a depressingly common approach in this situation

MaLarkinn · 30/01/2021 17:32

So you've opened his post and you want more money?
You sound a bit greedy, sorry

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