Child maintenance

[SpinningFloppa]

My ex doesn’t pay any child maintenance at all, he rents out the rooms in his flat and doesn’t work, never has since we split so I get no maintenance at all, he also never has the children because of this so they are with me full time, he admits to me in my face that he has lodgers but never admits in messages etc, there is nothing I can do about this I’m guessing? I have no proof and if I did report him he says he would know it’s me anyway. Cms can’t do anything about this can they?

If it is less than 7,500 a year he won't have to pay taxes or even declare the income. CMS cannot do anything about it.

Yes, they can. CMS can investigate cases where there is evidence that the paying parent is not declaring their true income. However, OP needs some credible information. She doesn't need to prove that her ex is doing this or even have evidence. Examples of the kind of information that can lead to investigation include:

• I know he keeps two sets of books
• He was fiddling the books when we were together
• Significant information showing that his lifestyle does not match his declared income

In this case, OP can inform CMS that he is getting income from renting out rooms in his flat. Obviously, it would help if she can supply evidence, e.g. AirBnB listings if that is how he is finding lodgers.

im not certain on the exact amount but I believe its more than that, he mentioned £2000 a month a few years ago (telling me why would he bother to work when he gets "2 grand a month") he lives in central london so I know he can rent the rooms for a lot and he has more than one lodger.

The people that are renting the rooms must be using it as their address for work or benefit letters. Could be tracked that way. Also if anyone that rents is on UC the rent is usually paid directly to the landlord. Maybe traced that way

He definitely wouldn’t rent to anyone on benefits

Does it matter that he'd know it was you that reported him? Is he likely to turn abusive for example?

I don’t want him to retaliate no, especially if it wouldn’t be worth it (like cms couldn’t do anything anyway)

Just report to CMS. I warn you they will not want to act because they do not want to. Do not be put off by their refusal for a mandatory reconsideration or whatever nonsense terms they are currently using. You just appeal it. Best is to get it into the Fraud Team which again they resist like mad. I had to go to a government dept to complain and get it to this level. I think it is called Financial Investigation Team.

In short I am a gp carer and gs's dad went self employed at the company he worked for for five years. Instead of £50,000 he suddenly earned £12,000 but could still afford his house new car etc. I had to hold my nerve when the investigator wrote to me agreeing he had a nil contribution. £12,000 is the level or thereabouts you no longer have to pay. Funny that.

I took a deep breath and ignored. A few weeks later I spoke to the investigator again who told me he had told deadbeat dad that he was not happy with his accounts nor accountant and wanted him to produce a full five years books. I told investigator I wanted him to negotiate a lump sum final payment. I was met with refusal but next morning there was a complete turnabout and the sum was paid into my account that day.

I wanted to walk away. A lump sum is more valuable than the start stop of monthly payments. I wish you luck op. Dont be put off and hold your nerve.

@ElsieMc £12,000 is not a cut off point. If someone earns less than £100 per week they pay £7 per week. Only if they have income of less thazn £7 a week will they pay nothing. This is all available online www.gov.uk/how-child-maintenance-is-worked-out

Hi there I’m a single dad who pays monthly maintenance to my ex wife. I have my daughter 2-3 nights a week and in the holidays approx 50%. My ex now earns substantially more than me so does her new partner so am I still obliged to pay maintenance as I cannot see where my money goes, for example this summer hols I took my daughter away twice during my 3 weeks with her And my ex didn’t take her away but chose to go away twice with her new partner. Any advice please? We have a court order in place for the maintenance but circumstances have now massively changed thanks

@Willsw1982 yes you still have to pay. It's irrelevant what her new partner earns. They're your children.

Unless you have your daughter more overnight then nothing has changed
your ex could win the lottery you would still be obliged to pay for your biological child’s upkeep according to any arrangements / orders and your salary

Collaborate I am sure you are correct. I am baffled as to why I got a nil contribution as £12,000 is clearly more than £100 per week. But get a nil contribution I did. Having spent a decade attempting to get what was rightfully my grandsons and the stress it caused to myself as one of those foolish enough to take on other people's children I dont need a link, I lived the reality.

Maybe different In America. I’ve read here that it is a factor. I know she’s my child so don’t state the obvious. I’d rather put the money into savings for my daughter than give to her mother to fund a new car or whatever. I still have to pay for her when I have her 35/40% of the time

Also, not her new partner, she earns a huge salary

@Willsw1982 If you are in the US why are you asking on here - this is a UK based forum so people will assume that you are talking about the UK.
And yes in the UK it's your income that's relevant. The income of your ex and her new partner is irrelevant to the responsibility you have to pay towards your children's upkeep.

In the UK if you are a dad you pay CMS. They don't listen to dads with 50/50 they assume that whoever is claiming child benefit is beyond reproach. If you are a dad you won't be anywhere near child benefit as it's mostly paid to the mum and if you earn over £50.000 you don't qualify.

It tends to vary state to state in the US so you probably won't get much help.

That’s rubbish about the cms in the uk

You should start your own thread and not hijack someone else’s but the answer is too simple to ignore. Of course you are still liable to pay the same maintenance. It is based only on your income.

I find the implication that you shouldn't have to continue to support your own child because your ex is successful really offensive. My ex decided he shouldn't have to pay me because I earned more than him... thankfully the CMS disagreed.

OP, report your ex to the CMS. Keep going. Good luck.

Thanks all I’m going to leave it, I spoke to cms about it before and they weren’t interested they said contact hmrc, it just wound me up the other day when he said someone new was moving it so he will have more money 🙄