The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Confidential Information or Not

  • Trevor53
  • Trevor53's Avatar Posted by
  • Elite Member
  • Elite Member
More
04 Oct 09 #151807 by Trevor53
Topic started by Trevor53
Is information in the form E confidential or can I use it to dispute my ex's declaration to the CSA
She says that she is earnining less than £100 per week but her estimated future costs are £244 per week.
Now I know that she works full time cash in hand but of course the CSA will only use her statement for the calculation.
Can I use her own submission to the court that soemthing doesn't add up here.

  • when will it all end?!
  • when will it all end?!'s Avatar
  • Platinum Member
  • Platinum Member
More
04 Oct 09 #151809 by when will it all end?!
Reply from when will it all end?!
Do you pay child mainetenance to your wife or is it the other way around?

If you are the one paying child maintenance it makes no difference how much she is earning - they work out contributions based on your salary only.

If she is the one paying child maintenance to you then I would contact the CSA and use the court document as your starting point for a re-calculation.

  • nbm1708
  • nbm1708's Avatar
  • Platinum Member
  • Platinum Member
More
04 Oct 09 #151811 by nbm1708
Reply from nbm1708
The only thing to remember is that they will not take into account 'future' earnings only positive ones right now that have she's liable to pay tax on.

Reason being is that anything could happen that could change circumstances in the future so those earnings are not set in stone.

T

  • Trevor53
  • Trevor53's Avatar Posted by
  • Elite Member
  • Elite Member
More
04 Oct 09 #151815 by Trevor53
Reply from Trevor53
She is the one paying the maintenance. Based on the investigator's report that I intigated I estimate that she is earning £16000 to £18000 per annum and that is all tax and NIC free so the equivalent of about £20000 per annum.
She told the CSA that she earns less than £100 per week but then tells the court that her monthly outgoings are £1000 per month.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
04 Oct 09 #151817 by Fiona
Reply from Fiona
Divorcing spouses are under a duty in E&W to use information given in proceedings for the purposes of the proceedings only and there are restrictions on disclosing information. When the rules don't allow it strictly speaking disclosing information to third parties is contempt of court.

  • nbm1708
  • nbm1708's Avatar
  • Platinum Member
  • Platinum Member
More
04 Oct 09 #151820 by nbm1708
Reply from nbm1708
Trevor53 wrote:

She told the CSA that she earns less than £100 per week but then tells the court that her monthly outgoings are £1000 per month.


Then my advice would be to do the same as me. Raise it as a variation to look at her expenditure not working in conjunction with her income and then keep pushing it through with them to tribunal.

As the lady from the csa said to me about my ex if she's only earning £100 a week and she's living in a £250k house with mortgage and still affording a new car and 3 holidays a year then something doesn't add up.

Good luck!

T

  • mumtoboys
  • mumtoboys's Avatar
  • Platinum Member
  • Platinum Member
More
04 Oct 09 #151824 by mumtoboys
Reply from mumtoboys
So Fiona, if I were to discover that my stbx is funding his girlfriend's car through his business as a 'company car' but that she's not on payroll and he's not able to produce any kind of mileage log for the car, I technically couldn't report this to the HMRC as tax fraud? Or indeed that he's doing the same with his own car? Or that he's taking about 3 times what he earns on his P60 from the business (petrol, groceries in particular but also the purchase of white goods and I suspect credit card minimum payments....) so the child maintenance calculation is 3 times less than what it could be I can't give that info to the CSA?

If I were to pass on this info, what could he do about it? Would this not be a case of a judge turning a blind eye because, after all, it's avoiding paying tax (albeit in small sums, I admit but avoidance nonetheless) or could I find myself prosecuted?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.