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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.

Child maintenance dishonesty.

43 replies

wildlingtribe · 02/05/2024 12:08

CSA have decided that there isn't any entitlement for payment towards my children.

My children's father has declared that he doesn't have income when I know full well he does. He can also afford flash cars, luxurious holidays and days out. Hasn't paid towards the children in 4 years.

OP posts:
Nimbus1999 · 02/05/2024 15:02

If your ex is using a company and paying himself dividends instead of PAYE wages, you can ask for CMS to re-look at the case and apply a variation.

https://www.nidirect.gov.uk/articles/other-financial-commitments-child-maintenance-cases

Search his name on companies house to see if he is a director / shareholder in any companies.

He should not be able to get away with this.

Other financial commitments in child maintenance cases

You can ask the Child Maintenance Service to look at its maintenance decision again if a parent has new expenses or extra income that wasn’t considered first time around. This is called ‘applying for a variation.’

https://www.nidirect.gov.uk/articles/other-financial-commitments-child-maintenance-cases

AnneLovesGilbert · 02/05/2024 15:03

Where do you think his income is coming from?

wildlingtribe · 02/05/2024 18:42

He must be doing cash in hand or otherwise 🤨

OP posts:
wildlingtribe · 02/05/2024 18:43

He doesn't have any record other than I think a CSCS card but even that he probably doesn't declare.
He has no expenses as he lives with his mother, and she funds a lot - she is a huge issue.

OP posts:
ByUmberViewer · 02/05/2024 18:44

I don't know how anyone can do this to their kids what a loser. Does he see them at least?

Runningbird43 · 02/05/2024 18:48

Nimbus1999 · 02/05/2024 15:02

If your ex is using a company and paying himself dividends instead of PAYE wages, you can ask for CMS to re-look at the case and apply a variation.

https://www.nidirect.gov.uk/articles/other-financial-commitments-child-maintenance-cases

Search his name on companies house to see if he is a director / shareholder in any companies.

He should not be able to get away with this.

You can’t hide dividends. They are declared as income, and recorded with HMRC.

he won’t get away with paying himself dividends to avoid CMS.

if he’s hiding income he’s possibly diverting it to someone else, self employed cash in hand, or similar.

RandomMess · 02/05/2024 18:51

You can apply to CMS for a variation as his lifestyle doesn't match his declared income.

More importantly report to HMRC. Why should we be paying taxes when he doesn't!!

Nimbus1999 · 02/05/2024 18:55

CMS don’t assess dividends unless you ask for a variation?

wildlingtribe · 02/05/2024 18:58

He works for a mate. Cash in hand. That's all I know.

It's principle for me more than help (even though I am potless). He has previously said to me that when the children are with me - he shouldn't need to pay.

He has them 1 night a week some weeks

OP posts:
wildlingtribe · 02/05/2024 18:58

By his choice. I have offered mediation. But he declined. But he then tells the children I "stop him from seeing them".

This is all punishment for reasons only he believes.

It's crippling me.

OP posts:
wildlingtribe · 02/05/2024 18:59

4 years of no help.

OP posts:
BrendaSmall · 02/05/2024 19:02

ByUmberViewer · 02/05/2024 18:44

I don't know how anyone can do this to their kids what a loser. Does he see them at least?

My daughters EX gave up a good paid job so he doesn’t have to support his own children, she’s still having to pay childcare because he won’t have his own children so she can work and support herself, the children and pay all her bills!

Blondiebeachbabe · 02/05/2024 19:03

I have no advice but I feel your pain. My ExH told the CMS that he earned £34,000 when in fact he earned £134,000. CMS wouldn’t listen to me. Then one year they went directly to HMRC for his salary as he didn’t submit any proof of income and they saw that I was right, but wouldn’t make any adjustments for the years he had lied. Totally useless. I did escalate a complaint to the governing body and lost. I’m so sorry you’re going through this.

Cuckoochanel80 · 02/05/2024 19:04

I don't know how they look themselves in the eye in the mirror, people like this. It's all about the power and control and extremely hurtful.

I was on the phone to the child maintenance agency earlier. My child's father was extremely abusive. I have been informed that he has recently left a £30,000 a year job as CSA managed to recover one payment from him, the only one I've had in 2 years. Some people don't deserve children.

Don't let him get away with it. Do your research and start collecting evidence.

KitKatChunki · 02/05/2024 19:30

It will be cash in hand or freelance work. My ex was earning 60k prior to CSA asking him to pay, he took me to court, Judge said pay her, he then suddenly began earning £9k pa. He was being flown to China, USA and NZ to work on multi million pound projects as a freelancer. Tried for a variation but nothing came of it as over 2yrs of him not living with me I had no proof/paperwork. Then CSA said I couldn't carry on claiming unless I had mediation with him! I was not doing that for appx £5 per week. Stopped claims at that point as it was so much stress to be basically told a chat would help even though they knew he was hiding thousands but just couldn't prove it. Horrible system. As a country we should be ashamed.

wildlingtribe · 02/05/2024 21:34

And this is what I mean. It's been a similar situation with regards to other support. Any corner I've turned to for help - have let me down.

The distress it causes, also the feeling of frustration that I'm raising them, and not only am I struggling but he adds to that with his ways and disregard.

I do wonder if it was worth applying anyway. Like I said, it's more principle, and the fact he can always afford flash things, places, and not think about the responsibility it takes to support and rise children alone.

OP posts:
Dogstar78 · 02/05/2024 22:34

I have just recieved my first payment in 10 years last month. Ex hasn't submitted tax return since 2013. There was a financial investigation one year, that found he earnt 130k. He then strangely went on benefits, but some sort of benefit where CMS can't take any of it. I go through cycles of chasing. He firmly believes he doesn't have to pay a penny towards our son. Never even brought a pair of school shoes. I strongly believe he will get away with never paying. There is a liability order in place, but that means nothing to him.

Our son has special needs. I had to give up my career for three years, because nowhere in the LA 'could meet his needs'. So I had to homeschool and try and get all his medical needs addressed. I work now but the ship my career was on, sailed long ago. Still, nothing, zip, nada from him in terms of paying for his son.

KitKatChunki · 02/05/2024 22:46

I thought I had seen recently they were talking about actually using the powers the CSA has, impounding cars, witholding passports etc? I remember because the article made a point of saying they couldn't find any record of any of the powers ever actually being used...

Dogstar78 · 03/05/2024 07:58

KitKatChunki · 02/05/2024 22:46

I thought I had seen recently they were talking about actually using the powers the CSA has, impounding cars, witholding passports etc? I remember because the article made a point of saying they couldn't find any record of any of the powers ever actually being used...

You are right. Apparently my ex now falls in this stable. I am not holding my breath. Although, I do understand they have one hit at this and need to make sure they have all the paperwork. They have to prove he is willfully not paying.

There have been some, but you could count them without needing to take your socks off!

Ifyoucouldreadmymindlove · 03/05/2024 08:02

Part If me wants a vigilante group who names, pictures and shares the details of these total deadbeat men.

MattDamon · 03/05/2024 08:12

I was the child of a father who didn't pay and I can see now how much harder life was for my mother without it.

Other countries like Canada and the US seem to be able to force feckless fathers (fuck off with 'mums don't pay either' - it's almost always men) to pay. Legal minimums, shared childcare costs, suspension of driver's licence and passport, the debt is never forgiven, even in bankruptcy, and if all else fails: prison.

It's a proper scandal. It needs a major media push to shame politicians into doing something about it.

Mexicola · 03/05/2024 08:16

This is why child maintence is not calculated into benefits anymore and therefore deducted. It is seen therefore as a bonus!

It’s not right they’re allowed to do this, but when you pick a loser to father your kids or never be completely financially independent from a man this is what happens.

Sick of the patriarch that allows them to have that attitude and get away with it.

PuzzlingRecluse · 03/05/2024 08:16

No advice but solidarity OP my ex husband also claims he earns nothing, not a penny according to csa but drives a decent car, was away in another country last weekend. I’m hoping one day Karma (and hmrc) gets him. Total knobhead.

Dogstar78 · 03/05/2024 08:37

Ifyoucouldreadmymindlove · 03/05/2024 08:02

Part If me wants a vigilante group who names, pictures and shares the details of these total deadbeat men.

Yup! Although the worst of the worst, like my ex, honestly wouldn't care. He makes out his girlfriend(s) what a solid gold Dad he is. How he provides for his son so well. He is such a good liar he'd probably be able to convince people there had been a terrible mistake.

Does make me laugh when I speak to CMS, they just refer to him as The Individual' as he owes so much money and what he owes he probably about 20% of what he really should owe + 10 years, without a single payment!!!

KitKatChunki · 03/05/2024 09:00

Ifyoucouldreadmymindlove · 03/05/2024 08:02

Part If me wants a vigilante group who names, pictures and shares the details of these total deadbeat men.

I actually think if a group of private detectives were to offer finding evidence for Deeds of Variation as one of their specialties they'd make a killing. Would have to be on a no win no fee basis though as not many single mums would be able to afford it otherwise. I wouldn't want a vigilante group as you might risk your kid being taken away if the ex got into a fight. The irony!

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