Child Maintenance advice please

[Mumoftwoin2022]

Hi all,

I’ve been told this is the place to get some wise words, so here it goes…

I wonder if any of you have had any similar issues….. my ex has been fobbing me off for a year now regarding his child maintenance payments, says he doesn’t have enough money. I’ve tried to agree a smaller amount but he’s refusing to pay anything at all. He works for himself (has a private limited company) and lives with his girlfriend who I know is on a good wage. They’ve recently bought a house for over £600k.
Has anyone had any issues with the CMA collecting from someone who works for themselves and whose accounts potentially show less than what they really earn?
I’ve been too lenient in leaving it this long but I really want to get it sorted so any advice would be greatly welcomed.

Thanks in advance.

Hi OP,

You should definitely contact CMS and get them to calculate what he earns and should pay. They can even take it off him directly. This way you don't need to have conversations about it and he can sort it with them.

I don't claim CMS so this is only what I am aware of. I could be completely wrong 😂

I believe the CMS can only claim for what they declare that they have earned on the accounts. You can appeal it so they have to show proof and will have to upload documents to the CMS so they can check and review this.
They also won't take his girlfriends wage into consideration.

Put in a claim but it’s more than likely it will only be assessed on what he declares as salary. Appeals don’t often work, it’s too hard to see the true income of a limited company. The gf’s salary won’t count and he’ll claim she paid for the house.

^ This.

His accounts may well be fairly accurate if he's recently bought a house though. Unless the gf put down a 6 figure deposit the mortgage would most likely have needed both of them on a "good" wage.

This is true but if it then drops more than 25%, he can request for it to be reassessed

Hi Op
I understand your frustration. I'm in a similar situation. My kids dad is self employed and doesn't admit it but gets paid some cash. He very clearly earns a lot of money yet according to csa he only has to give me £30 a Month for two children!! There's no way of proving it 😞
Everyone thinks csa is so helpful but tbh they're useless x

I'm in the same boat as @cokebytheoceon

Like you OP I was promised maintenance when I split with my ex but it never came. I filed a claim with the CMS and received an amount way below what I know he should, and could be paying.

Lots of cash in hand work and having a good accountant managing his limited company books means I receive £19pw for 1 child.

Meanwhile he's moved into a £1m house with his girlfriend, drives multiple luxury cars, holidays abroad several times a year etc etc.

The CMS in my opinion are useless. Every year without fail I appeal the amount as his declared income doesn't match his lifestyle, and I know it pisses him off having his books looked at (petty, maybe but I'm only seeking what our child should rightfully be receiving)

The amount never changes and I doubt the CMS even look at it - they just close the case.

The whole process of claiming maintenance from a self-employed person needs to be looked at. It's shameful how some fathers can get away with paying so little whilst enjoying the high life at the same time.

OP - I'd file your claim. Why let him get away without contributing towards the upkeep of your children? Anything is better than nothing, and the way things are going every little bit will help.

Thanks all for your help, will file the claim - like you say, anything is better than nothing at all x

File the claim with cms.

You can opt for direct pay where he pays you each month but you can report him for non payment.

If that continues you can ask to be moved to collect and pay but there are charges to that (he pays an extra 20% charge and you pay a 4% charge)