Can CMS look into self-employed ex reducing agreed child maintenance?

[BeenzManeenz]

Just wanted some advice.

My ExH and I spilt up nearly a decade ago, we came to an agreement he would pay 225 a month child maintenance to me. This was out of court and not through CMS. And it roughly seemed in line with his sort of job and income when I checked online so I was happy to agree. He hasn't missed payments, at times they've been late.

Recently he's told me he is overpaying and wants to cut it in half. His income doesn't seem to have changed from what I can tell.

He is self employed and has limited companies which I think he shuts down each year. I checked companies house.

If he is doing this to avoid paying full child maintenance (or tax) what can I do? Because he pays something to me, and it's above minimum will CMS investigate?

He actually doesn't live a lavish lifestyle particularly, at least not overtly so not sure I can ask for a variance. But I still think he's trying to underpay with this limited companies.

Get CMS to do the deciding.

they will base any assessment on his most recently completed tax return or P60. Initially this will exclude dividends so you must ask for a variation for "unearned" income.

If he simply doesn't declare dividends and closed the companies down each year tell them what he's doing and ask them to get hold of the bank statements of him and his companies.

Unfortunately, it seems that self-employed parents can pretty much pick and choose if they pay maintenance. CMS does basically nothing to investigate and they all pay themselves a salary of £12,560. What a useless Dad though.

Thanks everyone. I'll contact the CMS even though im not hopeful!

Contact CMS. You’ll probably need to get to tribunal stage to see bank accounts. Takes years.

Another poster said they asked for a Variation of Earnings from HMRC and she was then informed she would receive a higher CMS payment from the Father. Not sure of the terminology though, so contact HMRC.