Refusing to financially disclose - family court

[Kirk1980]

Just wondering if anyone has any direct
experience of this. My ex partner (we weren’t married) is a controlling abusive bully and that's essentially why our relationship ended. We have a child together, she lives with me and sadly cannot agree on anything, he resents having had ourDD and shares this with her in malicious mother-hating rants. I have had to file a schedule one application in the family court in order to get some closure and for DD and I to not be
financially controlled by him. Two days before our form e1 financial disclosure was due to be filed, his solicitor emails mine to say they are applying for a strike out. He has not disclosed by the deadline and my lawyer has threatened to apply for penal notice. Oh forgot to mention he is incredibly wealthy also pathologically mean. He does not want to disclose as he pays derisory child maintenance (under variation) of £18pw and does not want his assets, savings etc known. I am extremely nervous he will succeed in having my application struck out just on the basis he seems to brazen his way through everything! His solicitor says I have a. ‘Accepted’ the inadequate CMS decision (I haven’t) and b. Not particularised our DD’s financial needs (can’t do that until the disclosure). Has anyone experienced this? Any advice much appreciated. Feeling very anxious.

I don't have any advice but I would just like to say, what an absolute bastard. I hope your lawyer is a shit hot one and can take him to the cleaners.

Thank you, that's also the general consensus amongst my friends and family. He's unbearable sadly.

Why don't you support her yourself so you won't be financially controlled?

Clearly that's exactly the scenario as is, or do you think £18pw covers all her needs or expenses? Personally I feel that a very affluent man should make a fair financial contribution towards the welfare and care of his child - why on earth would he not? I believe that's also the law.

Is it me or are there a lot of very goady people on mumsnet at the moment?

Or, why doesn't her father support his own child?

She clearly is supporting her child as £18 a week is not supporting anyone.
Why should he get away with it?

No advice but very good luck Kirk. He sounds vile.

What does your solicitor say. Surely she can offer some advice and guidance that is based on full knowledge of the case and understanding of the law?

And yes, of course he should bloody pay. So keep working at that!

@taxpayer1 I'm guessing you're a second wife who resents your partner supporting his dc. I can't think of any other reason why you would minimise the responsibility of a man towards his child.

OP, no advice here but I hope you've got a good lawyer. Your daughter deserves better

But if it is so bad why not cut ties and raise your child on your own? I would do it. Sounds like a trap.

I think we have a real, live MRA here, folks. Anyone who refers to their taxpayer status should be treated with suspicion in my expwri nice ;)

Experience

@taxpayer1 she is already supporting her child. Why do you think he shouldn't?

My lawyer can't say for certain. She has written back to say obviously a ploy to avoid financial disclosure and - as they have threatened me with costs attached with his strikeout - clearly an attempt to intimidate / pressurise me. Zero response from him & they haven't sent his strikeout application. He is away on yet another holiday. Am praying his strikeout rejected and they put powers of arrest/contempt of court and force him to do it. I really do want what's best for DD, he has developed a narrative that she's 'less than' as if that diminishes his responsibility towards her. So callous I can't believe it tbh.

Thank you. Yup he's pretty vile, such a drag

What financial disclosure are you expecting and to what aim? I thought as you’re not married you’d generally only be entitled to child maintenance- which would be calculated through cms ( challenging if self employed)

hooefully one if the family lawyers on here will be along

Is that what you've done?

No not just you.

I'm no expert but as she made reference to Schedule 1, I'm assuming her ex has significant assets and these can be used to benefit the child via court order (above what she'd get from child maintenance).

An example might be if say a child was attending private school and the cm wouldn't cover this but the nrp can clearly afford to keep paying.

I am sorry you are going through this. My only concern for you my darling is that if CMS has indeed jurisdiction. Court orders for child maintenance are limited to relatively few circumstances – largely just 4 categories:

1. High income cases, and “top-up” maintenance above and beyond CMS levels. [Note that you must get a CMS assessment first, before the court can make such orders]
2. Agreement reached between parents, where child maintenance is included in a financial consent order covering other financial arrangements too;
3. Paying parent lives abroad (also check for a tricky part on not being physically resident but has link via a company to the uk and wales; section 44 of the Child Support Act 1991);
4. Child is disabled, and the blunt instrument of a CMS assessment is inappropriate.

If by all means he is self employed and purposely pay himself a low director salary, and as result all the income he has is below £156k a year, provided he lives and the Uk and the above other categories aren’t applicable, unfortunately you will have to apply for maintenance variance directly with CMS and pray that they are able to obtain his real income via some sort of real time income (rti) extract with hrmc.

read up on this authority here www.bailii.org/ew/cases/EWHC/Fam/2014/4306.html

The mother unfortunately schedule 1 application was dismissed based on section 44 mentioned above as the judge deemed that CMS had jurisdiction. If the income deemed to be higher than £156k then the judge suggested that the mother applied for a top up in court.

hope it helps, going through same sh@@! It is tough and extremely frustrating xx