Child Maintenance - CMS advise

[SunflowerPatch1]

Good evening,

My ex husband has changed my payment as per our agreement from a court order to CMS values that he has calculated himself. My questions are; does anyone have experience with the CMS when it comes to the CMS investigating his finances? I believe that my ex husband uses our company as his personal piggy bank and I would like to know if they will investigate it and take all his expenditure into account? Thank you !!

Are your shares the same as his - if he declares dividends to himself he has to declare them to you - if yours are not the same as his - do you know why this is?

Accountants generally advise a ltd company director to pay themselves at or below the tax free allowance of £11,850. Or £8400 to avoid paying NIC and income tax all together. Then they get the rest in dividends. He can legitimately put expenses through the business as it’s tax deductible, it reduces his corporation tax liability.

What you need to do is ask CMS for a variation. When they do a variation they take into account dividend income as well as any other sources of unearned income if he has any. I haven’t done any of this myself yet, but I expect I will have to soon. Good luck!

As a shareholder you can get all the company info actually. Directors direct, shareholders own the company. Directors run the company for the shareholders. Dividends are paid to shareholders, not directors. You can be a director and not a shareholder and vice versa

Presuming your shares are in the same category as his, you should be receiving the dividend income just like he is..... if he is taking all the declared dividends himself you can take him to court for that. You can get copies of the full accounts (not the abbreviated ones filed at companies house) which will give details of dividends paid and to whom. Might make interesting reading,

YOu need to complain - the fact you are struggling now is evidence of bad advice - they did not tell you the court order was only for one year - had they done you would have got it to children's specific ages - fro. My experience they tell you what they can get away with and hope you remain ignorant - maybe they would have to have fought a bit harder to get this court order - they went with the route of least resistance?

It's hassle it's extra stress but you are already under stress caused by their failure to inform you of all facts - why are they no longer doing family law _ because they are shit at it?

At the very least put a review on here www.reviewsolicitors.co.uk

I'm not sure what your set up is with te business - I'm not sure if you are deliberately not giving out much info so as not to identify yourself or whether you genuinely don't know - sounds to me like your x doesn't want you to know - did sols give you advice on this @SunflowerPatch1

My shares are B and I have equal voting rights. His are A. I went to see a solicitor last week (I checked the reviews and they set up the company we have) and they basically told me that there is nothing I can do as he can take payment basically in any form he sees fit. I am waiting to talk to another solicitor who will be advise on what we can do. But basically I can either sell my shares or I can go into litigation which could cost thousands.

The articles of association are written for a very basic level for a husband and wife type company.

There really is no point to litigate this. Anything you won would be swallowed by legal fees I'd imagine and you can't force him to keep the business open. He will just open a new company that's nothing to do with you. You're better off asking CMS for a variation and telling them he takes income as dividends. I wouldn't rely on any support from him though. He will start taking money out through a new company and new partner. Sorry it's shit but better to be realistic.

I thought you may have a different class of share as others have said he can pay himself dividends and not you so you really have no way of knowing what he is taking out the company - go through CmS to get variation.

I have had similar problems - I actually had same shares as x husband he just took directors loan to avoid dividend route - and I'm know facing court appeal through CMS - you have to keep going and hope that eventually he gets his karma

Still complain re solicitor if nothing else it gives you peace of mind that you didn't just take rage shit advice they gave you

Thank you for all your advice!!