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Complicated situation re maternity pay.

3 replies

AliJ2010 · 30/03/2012 20:29

Someone on a business forum linked me to this site, not sure if anyone on here will be able to give me some advise please, it is a bit of a messy situation.
I run a Limited Company where my nearly ex husband was a director (even though he did not really do any work for the company) and a 40% shareholder. His business idea that I run for him whilst he worked elsewhere completely flopped so lost lots of money and so I continued the successful business from home but very part time so no money in the company at all. There were directors loans that had not been repaid back. Retail premises were closed in November 2009 and I had a baby November 2010. As there was not the money in the company the Inland Revenue did that advanced payment by cheque, first amount up until April 2011 where I then paid myself monthly, then was paying monthly but when I seperated from husband at the end of May 2011 my solicitor advised moving the money for my maternity pay into an account only I had access to so moved into a personal account and paid myself weekly for budgeting purposes.
My ex is saying that I was not entitled to the money and need to pay this back. Is there any rules about maternity pay where it has to be paid only weekly or monthly, I basically transferred about 2 months of the maternity pay remaining into my personal account.
Also accounts were sent to company house before we seperated, he signed them as the other Director, he is now saying that the accounts were not agreed by the board even though it has his signature on and they can see it matches to the signature of the previous years accounts.
Sorry to have to ask all these questions but my solicitor knows nothing about business things and my nearly ex husband not even given me my personal belongings back or any of the finances I cannot afford hiring an accountant or a business solicitor but panicking as don't know indepth about maternity pay or companies house accounts.
Thanks in advance.

OP posts:
Grevling · 30/03/2012 20:53

Were you also a director? If so say you treated it as a directors loan and used the monthly amounts to pay it back off.

That is legal and there is nothing he can really do about it.

AliJ2010 · 30/03/2012 21:09

Yes was also director.

Thanks for the advise.

OP posts:
hairytaleofnewyork · 30/03/2012 22:52

Not sure I follow exactly, but if you were working for the company and drawing a salary surely you were entitled to the smp?

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