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Ex trying to avoid paying maintenance by dealing soley in cash

29 replies

Heatherjayne1972 · 19/06/2016 17:54

Looks like my ex is dealing totally in cash to avoid paying tax or maintenance for our kids
He's already been in trouble with Hmrc for not dealing with his tax return
I am just beginning the divorce process so he thinks he's being clever by hiding his income
Can I do anything about it? Contact Hmrc or will it all come to light anyway when he has to complete form E.

Thoughts anyone??

OP posts:
LaPharisienne · 24/06/2016 23:57

Posted by me at 10:29 on the 20th...

"Baby barrister, are you actually advising the OP to allow their XDP to dodge tax because it's in the OP's best (financial) interests?"

You replied, at 12:20 the same day:

"I am a practising lawyer - it is the advice all family lawyers would give to a wife in these circumstances..."

I'm not sure I could have asked more specifically. Or how you could read my post otherwise. But glad to hear that you aren't advising random people on tinternet (sort of what I expected you to say in the first place...).

LaPharisienne · 25/06/2016 00:03

Out of politeness, I'll reply to your last post too.

Aside from the fact that my question was clear, I've also said up thread that I agree that it would be sensible for the OP to take advice. Hope you don't mind if I don't repost myself again.

prh47bridge · 25/06/2016 11:29

I'm not sure I could have asked more specifically

Your question was clear. But you have altered babybarrister's reply by omitting the last few words - look before you leap. That is the advice she said she was giving. I can understand why you might have interpreted her answer in the way you did but I did not agree with your interpretation. She did NOT say, "yes, I am advising the OP to ignore her ex's tax dodging". She said, "I have given the advice any lawyer would give - look before you leap".

Girlgonewild · 25/06/2016 17:55

It's been a massive issue actually. None family lawyers were surprised that it is the norm that there would not be HMRC reporting. When lawyers became subject to a duty to report clients' illegaly cash secretly without the client knowing family lawyers went to court saying - hang on in many (most?) divorces we know the higher earner is not paying all the tax due - do we have to shoot our relationship with the client to pieces resulting in the lower earner and children suffering by sneaking off to HMRC?

The case went to court - I forget the name now and I think the result was that they are allowed not to shop the client in secret to HMRC although it looks like the court first found they had a duty to report to the crime agency thing (not HMRC) (if it were a client - obviously not relevant to posts on line) but I think that was over turned on appeal. Not sure
www.theguardian.com/money/2003/oct/09/divorce.uknews

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