Under declaring income

[upupandawaytoday]

I need help.

My stbxh is pushing through divorce. I want it as much as he does.

The problem lies with maintenance. I feel that he isn't paying enough for to underdeclaring his income. I know this is true I was married to him for ten years.

I know I can't prove it.

I want to report him but don't want to rock the boat.
The problem is he is threatening to reduce maintenance constantly.

Help

I think these are separate issues really

Firstly for divorce and separation of assets he needs to declare his income via firm E. if you feel he has not stated correctly and and you’re solicitor can question and challenge that

For child maintenance assuming you are U.K. then that will fall under duration of CMS, so make a claim via them and ask them to assess income

I've been in this situation. Ex refused to supply proof of earnings and told me what he should be paying in maintenance. I now find he was wrong in his calculations (surprise).
I wish in hindsight I'd gone through CMS.

I found out the actual situation through his form E so have challenged that and if he doesn't start paying correct amount, I will go through CMS - and that will cost him more.

Can you simply ask for his latest P60 - that will tell you what he actually earns. If he doesn't provide it then go through CMS?

The only way to stop the games and control over CM is to go through CMS. I wish I'd done so much earlier. It's a huge relief to know what will be paid when and that there are legal consequences to non or late payment. The first step of which is salary sacrifice - its taken from source - so there's nowhere to hide if they are PAYE. I would apply immediately after you've received a maintenance payment from him as there is a delay in processing - i stupidly applied just before he was supposed to pay maintenance - he then didn't and I had to wait 2 months for my first payment via CMS. It made me laugh when they said I could appeal to him to make an extra payment in the interim. As if that was going to happen.

As others have said Form E for financial disclosure requires him to provide 3 latest salary slips and a P60. If he is PAYE he can't fudge it. If he's self employed sadly it's a lot more difficult.

Good luck.

I don't know from your OP if he's self employed not taking payments in cash to under déclare his income. If he is, it's hard to prove.

As PP have said, if he's an employee with P60 etc then it's quite easy and you just need to file Form A in court, then you both do a financial declaration on Form E.

He seems convinced that he is paying above what CMS would suggest.

He is a employee of his own company paying himself minimum wage then dividends. Are these calculated or will they just do it based on minimum wage?

Sadly the cash in hand work is probably double his declared income

Sorry should add there are no assets, i want nothing.
It's all child maintenance related

CMS is sadly on the wages part, not dividends, unless you really fight it. I haven't looked into it in much detail, but that's what I've been told. My ex is paying CMS level and including his dividends for now. But not cash, and is ignoring that he could be paying much much more in dividends too.

The initial CMS calculation will be just salary, you then have to ask for a variation based on him receiving dividends.

CMS are next to useless against self employed.

Get a court order for maintenance as part of your divorce. It's the only way.

The above is fine, but either party can go to CMS 12 months after the court order is issued, and it would then be changed to the basic CMS calculation. If you think this is something he might try it may be worth getting in there first and hassling CMS to get it right.

@upupandawaytoday

Oh dear re. business/ self-employment. That makes things a lot harder to prove. However you say there are no assets but the Business is an asset and any related pensions and bank accounts/ savings. Surely you must have some leverage there? Are you named or do you have any involvement with it? Either way it might be worth using your free 30 mins legal advice to explore further. Sadly I think a lot of men, even high earners see CM as them funding the mother's lifestyle and in 'punishing' the mother by withholding/ reducing/ delaying payment the ones who suffer are the children. Can you write up your monthly child costs (split of rent/ bills/ food/ clothing etc. for the children) and appeal to him that way? It's staggering what it can add up to.

@Momentumneeded actually that might be an idea. He used to be very reasonable until he met his new gf and that's when he started acting up and threatening all sorts.

Yes sadly he has said multiple times he doesn't feel the need to fund my life ... what life I don't know.

There are no assets. He was financially incompetent throughout the marriage. The business capital is worth 1k. I was a shareholder and company secretary but he removed me without me knowing last year.

It's doesn't matter that after 14 years, I have walked away with nothing. No assets, I don't even own my car.

I have a feeling I am screwed

@upupandawaytoday if the business is making money it's worth way more than 1k. You definitely need legal advice. Cash in hand work is the least of your worries by the look of it.

He's making money certainly. But he's only putting through enough through the books to cover expenses. He managed to buy a car last year with cash. He has a company van but I imagine with the mileage and age it would have depreciated somewhat now.