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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.

Time to give up on cms?

7 replies

VelvetTurtle · 18/05/2024 14:23

Ex has never really paid cm, he hasn't worked since we split up so it's between £7 a week and nothing. He is currently paying 0 and cms don't know why but I suspect it's due to debts, it's a cycle for him, on benefits, gets into debts then doesn't have to pay and it just goes on repeat. However I know for a fact he is earning income through his property, I estimate it is around 3k a month as it is central London. Only he is not declaring this and I have no way to prove that it's happening (though I do know for sure as I've witnessed it and he has also told me verbally) I spoke to cms last week as he hasn't paid anything since November to find out why and they mentioned on the phone if I suspect he is earning on the side I can report it online. I looked and it seemed very simple however it didn't ask for any proof and I was told by someone they will go on what's being declared to HMRC so if he is not declaring it then it will come back as nothing? Is that right? At this point I'm ready to let him win and give up on cm. He doesn't pay it anyway and the arrears don't need to be repaid whilst he isn't working so the arrears mean nothing and are only going up very slowly due to it be £7 a month. Is it time to let this go or how can I make them take this unearned income into account if he isn't declaring it? Is it time to give up as I can't see any way to fight this and if it is even worth it? I will be closing the claim if I can't get anywhere with this.

OP posts:
Noideawhatiam · 18/05/2024 14:35

Can you not report to HMRC who are more likely to investigate?

VelvetTurtle · 18/05/2024 14:37

Sorry should have added I don't have any evidence so won't be reporting to hmrc just wondered if there was a way through cms if not declaring

OP posts:
Noideawhatiam · 18/05/2024 14:44

Doesn't sound like you're going to have much luck, CMS are completely useless.
How old are you children? Is he likely to be able to support himself without work until they are no longer dependent?

VelvetTurtle · 18/05/2024 14:47

Yes he's already been doing it for years. He gets around 3k a month enough to not need to work for as long as he wants. He's been doing it for years but just never had the courage before to do anything and kind of knew I wouldn't get anywhere.

OP posts:
Noideawhatiam · 18/05/2024 14:51

It's shit, the whole system needs major reform.

Miracleasap · 18/05/2024 15:32

You need to apply to the tribunal courts. CMS don't have any powers nor any will power to do anything.

VelvetTurtle · 18/05/2024 15:33

Ah ok thanks I will cancel the claim then that's all I wanted to know I haven't got the fight in me but won't have him laughing about not paying

OP posts:
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