Cash in Hand and the CSA

Do I take it that if somebody works cash in hand that there is little that the CSA can do.
My ex has always worked cash in hand and since leaving 10 months ago has been on JSA and getting housing benefit (but actually working full time c in h and leaving on the premises)
She is not going to admit to this in a CSA investigation so I wont get any maintenance for the 2 kids with me.
At the same time she wants spousal maintenance and 50% of the assets.

This may sound harsh, but shop her to the benefits agency as receiving benefits fraudulantly. They will be obliged to carry out an ivestigation.

Alternatively, make an application to the CSA, where they will ask where she works and take it from there.

Even on JSA she is obliged to pay you a nominal amount of CM.

Regards, Sarah

Whilst that might give me some satisfaction it doesn't help the situation that I am in. Finding it very difficult to cope financially at the same time as being expected to give assets to my wife in the knowledge that I wont get any child maintenance.
I just wonder if this can be taken into consideration during mediation negotiations or if this should go to court.

Hi Kevin,

So when you say the 2 children with me, does that mean she also has children with her?

Are claiming the benefits that you are entitled to, ie Child Tax Credits, Child Benefit and Single Person Discount on your Council Tax?

If you are caring for all the children of the marriage then just because you are the man, does not mean you shouldn't get a larger percentage of the assets.

Your wife is committing Benefit Fraud on a fairly large scale so needs to be reported. This is turn may have an effect on any financial outcome.

Stick with it Kevin, finances are often hard, I know from first hand experience but you will always have something much more valuable; your children.

Regards, Sarah

There are just the two children, both with me. I have already transferred the child benefit and the tax credits and got the single persons discount.
I have my second mediation session this afternoon so I will see how it goes.

Unfortunately you are in the position that a number of parents with care find themselves in. In all the cases I've come across the only effect that reporting benefit fraud has is for the right level of benefit to be restored and conflict to be exacerbated prolonging the agony and expense of divorce. Reporting undeclared earnings to HMRC is a bit more likely to result in the income being disclosed and the CSA being able to carry out an assessment but this also sours relationships, takes time and if there are tax arrears/fines to pay they could come out of the family pot.

However, there is no reason why the issues can't be raised in mediation or court proceedings and it is the overall picture that matters so you not receiving CM and her receiving benefits would be factors. The capital and income needs of both parties are considerations. Don't know if it helps but SM isn't usually paid by people on average or below average earnings.