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Lone parents

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Original poster

CSA advice needed

11 replies

army2426 · 18/03/2022 12:09

Me and my exh separated last April. Originally he was paying via private arrangement £400 a month. Since, December he stopped paying me as apparently 'I don't need it' as I'm soon to be mortgage free. We have two children one with special needs who I'm full time carer for.

Anyway, I've applied through CSA - hes text to say he will pay me £250 to not go through CSA I've said no because I need to know that money will be paid. He's now said he will drop his wages ( he owns a successful business which is limited so he's employed and the business pays him a wage which I guess ultimately he can decided )

He also earns A TON of cash but I know I can't do anything about that.

My question, he has put it in writing his intention to drop his wages - can I do anything with this? Is this legal or is there nothing I can do.

OP posts:
whatisthisinhere · 20/03/2022 09:09

I don't know, but good luck!
I apparently have a DEO, but still haven't received all the money for March with no payment due until April now apparently. In the meantime, I have £30 to last me until next Thursday, while Twat is enjoying a holiday with his new partner. CMS is crap. But there is nothing else. It's a shambles

OhamIreally · 20/03/2022 09:17

I think cms will use the last hmrc record so even if he drops his wages that won't kick in until the following year so at least you should get a year. Why don't you give them a call and ask? You will have to be on hold for ages to get through but they're often helpful when you do get through.

When I have to call them I make sure I'm doing something else such as ironing browsing the web with them on speakerphone until they answer.

If he's shitting himself at the thought of the cms that's because the £400 you were getting doesn't come near what the true figure should be. He will have run the calculation.

Another man keen to cheat his children and to shaft the woman who bore them.

Blahtastic · 20/03/2022 10:05

If he pays himself a mixture of PAYE and dividend to minimise tax and NI, then CMS initially calculate on PAYE only but can then do a variation to consider the dividend income as well. It does take time though and I don't know how successful it will be - I'm still waiting to find out after going to CMS in October. Takes up to 20 weeks. I would agree that he's made you offer to try and stop you going to CMS, but if he's anything like my ex will no doubt do whatever he can to weasel out of paying a fair amount.

averythinline · 20/03/2022 10:20

If he earns lots of undeclared cash just report him to hmrc...
Its ridiculous that csa are so poor at managing self employed earnings but Hmrc are usually keen on tax decisions

Morph22010 · 20/03/2022 10:27

@averythinline

If he earns lots of undeclared cash just report him to hmrc... Its ridiculous that csa are so poor at managing self employed earnings but Hmrc are usually keen on tax decisions
It’s not undeclared cash though if he has a company. The company is a seperate legal entity. The company will pay out salary and dividends to the exh and that will be his income. He can choose to take a lower salary and dividends and then the money will just sit in the company. This is completely legal so nothing to be gained from reporting to hmrc.

Where people don’t think this through is that they can’t do this indefinitely for lots of years unless they have savings to live off.

howtomoveforwards · 20/03/2022 10:29

If he’s self employed, I really wouldn’t count on ever getting much out of him from a maintenance perspective. There are lots of loopholes and once he finds them (and a half decent accountant will help him), you’ll likely get the minimum £7 a week or nothing at all.

If he has personal assets of over, I think, £65k you might have more luck. So if he has a house he doesn’t live in, the CMS will assume an income and get him to pay child maintenance on that.

If you are aware of dodgy dealings from a tax perspective, by all means report that to the HMRC. It don’t hold your breath that anything will change.

You may have some luck by exerting family pressure - are there parents or siblings who might talk some sense into him?

howtomoveforwards · 20/03/2022 10:31

Where people don’t think this through is that they can’t do this indefinitely for lots of years unless they have savings to live off

They can make partners or family members company directors and pay themselves that way, however. That’s one of the biggest issues.

Morph22010 · 20/03/2022 13:16

@howtomoveforwards

Where people don’t think this through is that they can’t do this indefinitely for lots of years unless they have savings to live off

They can make partners or family members company directors and pay themselves that way, however. That’s one of the biggest issues.

Yes they can do that to some extent but ultimately where they end up falling down is getting a mortgage. People want to show a low income for tax and csa purposes then all of a sudden when they want a mortgage they are suprised that they are refused based on their very low income
Ajay96 · 06/04/2022 06:07

I went through a similar situation, although our direct agreement was less, about £60 a week. He argued constantly about it, as didn't agree with paying, mostly as he felt I would use on myself or pay my bills for my house. He wanted the money to go direct on our son, clothes etc so disagreed I needed as much but I use for bills, food, petrol, clubs etc any addition expenses he has, so basically helps look after him. Especially since he barely takes him, Mibi 2 overnights a month, and couple evenings, all of which I supply things for.
After a year of inconsistent payments, then several months without anything, although he went on holidays, bought new things etc, I decided to move to collect and pay. He was fuming as now take £115 a week, this is based on last years HMRC. It includes his overtime so the averaged out a weekly wage and took percentage from that, so his issue was on a basic week he's left with £100-200, but he's always working extra and uses as excuse not to take son so I'm sure he's okay. Also he's embarrassed as work in same village he stays so everyone knows about it too. Hes tried al sorts to get me to change, threatening same of quoting job etc. He also has £2000 arrears so instead of outright saying no to change,, I've told him to find a way to make payments that have a legal backing, same as CMS then I will discuss.. it's safe to say nothings changed, except weekly rants and arguments lol stick your ground and take what you deserve

Countdownis35 · 21/04/2022 18:50

Tricky is he bluffing? Will he pay you the £250 on time each month? Negotiate to £300 maybe.

Does he help out with childcare?

RandomMess · 21/04/2022 19:23

HMRC will investigate if he isn't declaring all his earnings after all his lifestyle won't match his declared income.

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