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Legal matters

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Original poster

Child maintenance

17 replies

SpinningFloppa · 11/02/2023 09:59

Does anyone know anything about child maintenance? My ex doesn’t work or claim benefits so I’ve never been entitled to maintenance, what he does do is rent out all the rooms in his flat and that’s how he gets by, he isn’t declaring this so cms can’t take money for it. I’ve recently heard of a variation, is this something they could do in this situation as I’ve only recently heard of it so not sure how it works? Would they look into this or does he have to admit it to them? I posted this in lone parents but wondered if it would be better to ask here, I put it into the calculator and I should be getting around £300 a month going by what he told me he gets but I get 0, I’m so sick of how he gets away with this and he will never get a job so I will never get maintenance. He doesn’t need to work and never will until he no longer has to pay maintenance.

OP posts:

prh47bridge · 11/02/2023 11:39

If he isn't declaring his true income you can apply for a variation. He doesn't have to admit it, but it will help if you have evidence. Even then, you may face a long battle with the CMS to get anywhere.

Original poster

SpinningFloppa · 11/02/2023 11:53

No he only admits it to me verbally nothing in messages and I don’t really have any proof. He lives in a 3 bed flat “alone” and doesn’t work or claim benefits would that be enough for them to find it suspicious ?! Don’t know how they think he is living and paying his rent bills etc

OP posts:

prh47bridge · 11/02/2023 11:59

It doesn't cost anything to ask for a variation, and you certainly won't get anywhere if you don't. You can certainly argue that his lifestyle is inconsistent with his declared lack of income.

Where does he find tenants? If you can find him advertising rooms for rent, that will help.

Original poster

SpinningFloppa · 11/02/2023 13:23

He uses spare room, I found a post of his on there but it was years ago and at the time cms told me there was nothing they could do about it! I hadn’t heard of a variation at the time they just told me they couldn’t do anything and that was that. I haven’t seen anything recently but I will keep checking.

OP posts:

Stressybetty · 11/02/2023 13:27

He doesn't have to report it for tax if it's less than £7500 a year under the rent a room scheme. www.gov.uk/rent-room-in-your-home/the-rent-a-room-scheme

Original poster

SpinningFloppa · 11/02/2023 13:28

It’s much much more than that.

OP posts:

limoncelloo · 11/02/2023 14:04

As PP said, it will cost you nothing to apply for a variation, so you really have nothing to lose.

Took about a year for them to finish "investigating" my ex, but I did in the end get awarded money from his "undeclared" earnings. I didn't have much evidence to provide but I simply told them what I knew. If "lifestyle" doesn't match what they claim to earn, CMS do look into this.

You need to PUSH though... I did have to phone them every 1-2 months to keep chasing... always ask to speak to a "case worker" rather than the person who answers the phone (they just give out the standard generic answers).

Good luck.

Original poster

SpinningFloppa · 11/02/2023 20:19

Thank you I will give it a try, I have nothing to lose, I had pretty much given up till I saw this.

OP posts:

Shitfather · 12/02/2023 13:32

Yeah give it a go but the CMS are a bunch of incompetents. The fact that PP got a resolution after CMS investigated gives me some hope. You won’t get anywhere without documentary evidence. Are there ads anywhere, WhatsApp convos etc?

Original poster

SpinningFloppa · 12/02/2023 13:50

So i.will need evidence? That's not going to be possible as we don't speak and he doesn't see the kids, renting his rooms out meant he would never have them so he doesn't bother with seeing them and we aren't really in contact. He did have an ad on spare room but it was years ago and I haven't seen any since

OP posts:

Shitfather · 12/02/2023 20:02

You won’t get far without evidence. Even with evidence, the CMS need very careful handholding.

soboredtonight · 12/02/2023 20:09

5 years it's taken me to get as far as I have. Been to court , the lot. This resolution of the CMS actually being paid is three years after being to court do be prepared for a long wait.

You have to raise the variation every year.

Original poster

SpinningFloppa · 12/02/2023 20:22

Ah thanks all I may leave it then as I really don’t have any proof as we aren’t in contact. Just bugs me because he told me he gets £2000 a month and said why would he bother working when he gets the same as his friend who works and he doesn’t even need to leave his house! Frustrating but have to accept it.

OP posts:

Shitfather · 12/02/2023 22:13

You can do some digging around if you really want to find out - he must be advertising the rooms somewhere.
Honestly, I’ve cried down the phone at the CMS because of their utter incompetence.

soboredtonight · 13/02/2023 19:04

Contact them at least. See what they say. Just be prepared that they won't do anything. If you get anything it's more than your getting so please keep that in your mind.

It's crap and it all needs a review.

TheMilkExchange · 13/02/2023 21:39

This reply has been deleted

This has been deleted by MNHQ as spam.

Original poster

SpinningFloppa · 13/02/2023 21:54

Thanks all I will give it a try, I have nothing to lose.

OP posts:

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