How can I ask CMS to investigate my ex's income? Can’t find any financial information about his companies.

[RumPidgeon]

Good afternoon everyone, I‘m in need of some advice: my ex husband has managed to get away with paying a de-minimis amount of CMS - we’re talking less than £50 per month for 4 children. He’s founded his own company and his payments went up a little (below £200).

I‘ve now had a letter from CMS that he will be paying me a substantial sum monthly (just over £1000) but it’s still not a lot in the face of supporting four teenagers and his earnings are high (over £150.000). Here’s the issue: this change of income wasn‘t declared by him - it only came to light when HMRC contacted the CMS at the end of April.

I would like the CMS to investigate when exactly his income changed and ask them to start a financial investigation based on the fact that he didn’t declare his higher earnings for weeks and months before HMRC eventually did it by default.

CMS have sent me a letter stating I need to provide proof. I have tried to comb through his companies on Companies House but to no avail. I can see him and his new wife listed as directors of multiple companies but there are no filed accounts or assets.

What else can I do? I am at a loss how to proceed. Please wise Mumsnetters - can you help?

You can ask them to investigate on the grounds that his lifestyle didn’t match declared income. Also didn’t things change when income is drawn down in dividends - perhaps this is what HMRC flagged with them.

Thank you @RandomMess - I am taking umbridge at the fact that he’s bought three brand new family cars (would be on company money though) and paid for extensive travels (again, most likely on company payroll). I believe he was earning more money before the change was declared by HMRC as it would have risen for some time before the tax date line.

I can’t prove this though and have no access to his accounts. I can’t see how I can corroborate my statement/suspicions 🫣

Unfortunately because of the stupid way the system is set up if he’s self employed he likely wasn’t obligated to report the change - they pick up any changes at the annual review. It is the same if his income goes down, unless it’s over 25% and he can prove hardship if it’s not adjusted asap. It’s a crap system.

Do you know how much over 150k his income is? If it’s over 156k it may be worth looking into if you’d be better with a court order for maintenance as anything over 156 CMs basically ignore as that is their ceiling.

Thank you for your input, yes it came to light at the annual review.

I am self employed and have to declare any changes - how come he is exempt? I wasn’t aware of this as this was the whole reason for my claim - the delay in reporting. I believe him to have been earning steadily over the initial £16000 pa last year until this year‘s review.

He does earn over £160k now.

Thank you @JustAnotherWhinger Would you know how to go about this court order as the system is a total maze for me. He’s earning nearly £170k pa. I know this is a lot of money but I pay for everything for my children and have no help. Driving lessons and university years are looming in the distance and because he doesn’t see them much (less than once per month and never overnight) I am limited how much work I can take on. I work well over 40 hrs per week but have no savings and no pension.

You don’t have to pay from driving lessons or uni, lots of people can’t afford to. He may be more amenable to pay for those things directly for the older DC after all the CMS you are entitled to once they leave FE stops.

I know @RandomMess but previous experience tells me he won’t. When he paid a pittance towards CMS and hid his income he didn’t even send them Christmas presents and had never put his hand in his pocket to help with uniform etc. I hold out very little hope that he will ever contribute more than he absolutely has to and have come on here to get any advice to make him pay what he’s legally owed. I shouldn’t be grateful for whatever crumbs he’s thrown at the children over the years. He’s under-declared for years so I don’t think he’ll change his MO.

For some stupid reason they decided that self employed people don’t have to report income changes to CMS as it’s picked up in the end of year figures from HMRC

First things first - have you double checked the figures they’ve given? Are the number of overnights correct? The reduction for any other children correct? as just over £1000 would suggest he’s having them a lot and/or has other children.

There are 5 more children on his side (4 are under 18) and he never has ours overnight. Court order states contact only in the community and never staying with him. The details on CMS portal look correct on my part.

A variation request within 30 days of receiving your new payments schedule, / mandatory reconsideration, insist on the involvement of the F.I.U, it is the only way to get an accurate figure and the accurate date. "Proof" is not required, this is an inaccurate myth, merely that they have a lifestyle inconsistent with the figure given to H.M.R.C , give an outline of how they live (mortgage/ rent, business premises, items owned or previous salary you are aware of etc) Diversion of income and undeclared income is what you are seeking to clarify.