Any ideas what I could expect in CM?

Hi there,

In the absence of getting anywhere quickly with the CSA in the light of having been told by me that my Ex is now working, can anyone help me with a guestimate of what I should be expecting in child maintenance when they eventually pin him down?

I know for a fact that he is earning £25.50 per hour, presumably for a full time week so, 37 hours. He is working through his own limited company of which he is the sole director.

I expect this muddies the waters in that he can claim all sorts of things thru his company. He basically works thru his company but is paid by an employment agency.

thanks for any help!

Hi finallyhere,

Can you tell us if, as far as the HMRC is concerned, he is a salaried Director of his own company or has self employed status?


Footy

Hi Footy,

I believe him to be a salaried director, taking dividends etc. I think this will cause me problems in getting anything out of him. Its a new company and this I think will be the first work he has undertaken under its auspices.

At a guess....

The company will be earning £25.50ph...and will pay your ex minimum wage x hours worked, minus NI and tax, what's left would be his (legitimate) income for csa purposes.


If the company makes a profit it will be paid in a dividend monthly or yearly. However things like travel to work, meals during the day, training and work costs, admin and accountacy fee's, deprectiation of any company assets etc may mean there is no actual profit.

And if there is any profit it would be quite lawful for his company to have several shareholders to whom the dividend would be shared.

Hope this helps

Thank you zonked. It doesnt look good for me and the kids then does it? Basically for all the smoke screen of being a limited company, he's a one man band, working via an employment agency and earning a good wage which will just be going into his back pocket.
The company has no assets whatsoever. He's a chartered building surveyor/project manager so his only expenditure would be that of any other normal person doing a job of work. He needs no special equipment, no premises etc etc.

Depressing stuff.

No - on the surface it doesn't look good, I would agree. A lot of it will depend on just how determined he is or isn't in his quest to avoid (or not) paying maintenance. Will probably also depend on his accountant and how supportive he/she is on these issues. It seems long recognised that being self-employed is a very efficient way of paying child maintenance and for reasons beyond me, it's the self-employed ones who seem the most determined to avoid it!

My ex declared a reasonable salary (far below what he takes from the company, but far higher than minimum wage) so he had an assessment by the CSA and to be honest, I could live with it like that if he would pay it. He doesn't so just avoids picking up the phone to the CSA and sends all mail back 'not at this address' which confuses them no end!

You need to turn detective and get as much info as you can and give it to the CSA. You also need to hassle the CSA on a regular basis as they don't like the self-employed contingent (probably a lot of work for very little gain as far as I can see) and seem to avoid doing anything if they can possibly help it! Send everything in writing, and I have recently been advised to send everything recorded delivery so you have a record of it as apparently they deny all knowledge of receiving mail when it suits them (not my experience, I must add).

If you are not yet divorced, it would be worth trying to get child maintenance written into any Consent Order as part of the financial proceedings. But failing that (and I failed to get that as his solicitor argued it was already in the hands of the CSA), you will have to budget to live without it and consider it a bonus if you ever get anything. I am determined to plod on with the CSA but am not getting myself upset or stressed over it. The children have a right to some support so I will do what I can to secure it but it's not taking over my life! I make a phone call to them every second Friday as a matter of principal - just to see where things are at!

It may be worth talking with your ex about an alternative way forward. Would he be happier paying maintenance directly to you for example? Or perhaps ask him to pay for shoes or haircuts or school uniforms or school dinners or swimming lessons.... which would at least release the financial burden on you at some level and make him feel he is contributing directly towards the children and avoid any resentment that he might feel about giving you money? I have tried this approach with my ex - went down like a lead balloon but it might work for someone!

mumtoboys, thanks for that....

We are divorced but the Ancillary Relief is still being sorted as we speak. Got 1st hearing next week. As was expected, he hasnt even turned in a form E. I cannot speak to him as we have 'Undertakings' in place - which follow on from Non-Mol and Occupation Orders which I had to put in place.

Being that he doesnt appear to want to contribute to the wellbeing and upkeep of his 3 children I am hoping that I will able to negotiate a better settlement re. the FMH.

The CSA have been ok so far, I ring them rgularly and have given them all the info I have on where he's working etc. but apparently his JSA claim is still appearing as 'live' on their system so the DWP are having to investigate it which apparently will take a few weeks.

I do not think he has any intention of paying maintenance, being quite happy for me and the taxpayer to pick up the tab. Although I hasten to add that I am working and also paying the full mortgage plus the mortgage arrears every month.

I just don't see how he can look himself in the mirror every morning knowing that he is cheating his kids out of a better standard of living. We live a modest existence, our holiday this year is a week in a caravan with a friend and her boys. He, on the otherhand, has asked to take the girls to Mexico or the Canaries for xmas. How do you compete with that...plus how do you keep a lid on wanting to explode and tell the kids exactly what kind of man their father is.
The girls arent stupid anyway, Im sure they realise the reasons we cant afford to do anything very exciting or expensive.

I budget as well I can which is actually better than when I was married, as he was/is a gambler and I never knew whether there would be enough money to pay for the groceries from one week to the next. very embarrassing getting to the supermarket checkout to have your card declined!!! At least that doesnt happen now.

Anyway, its as I thought, he will try to get away with paying nothing. What a loser. Glad I divorced the *****.