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.
 

Ltd Companies, shares and dividends

  • dadanon
  • dadanon's Avatar Posted by
  • Elite Member
  • Elite Member
More
18 Sep 10 #225225 by dadanon
Topic started by dadanon
Does anybody have any experience of CSA calculations involving directors with shares and dividends.

Also, any comments on variation requests in these circumstances?

Finally, can a Court specify the monthly amount, in £s, to be paid or will it simply refer to CM to be paid in accordance with the CSA calculation?

If dividends are variable, could a Court specify the amount to be paid?

  • landoffairies
  • landoffairies's Avatar
  • Platinum Member
  • Platinum Member
More
18 Sep 10 #225249 by landoffairies
Reply from landoffairies
strangely I spoke to the complex cases team yesterday. This was inrelation to a variation. The front office team ie first line do an assessment based on salary normally when you talk about a contractor with a Ltd company they pay themselves a basic. The remainder is in dividends and shares as you know. CSA do an assessment on the basic. Applicant completes and submits a variation request which is handled by the complex cases team. The difficulty here in the first instance is providing proof either by way of the ex admitting he receives salary by way of dividends (pigs might fly) or documentation which is legally held. This could be anything which has been produced as a result of requesting form E's during ancillary releif...it's the best most legally acceptable form of documentation. The complex cases team need to satisfy themselves of one or all of the following; Assets. diversion, lifestyle inconsistent before taking action.
Hope this helps.
L

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
19 Sep 10 #225307 by Fiona
Reply from Fiona
The courts usually have no jurisdiction to impose an order for child maintenance or a variation to an order. Exceptions include orders predating March 2003, when the parent with the minority of care has an income in excess of £2k/week, there are step-children or one parent lives abroad.

In these exceptional cases when the court has jurisdiction CSA rates may be used as the starting point but the court is directed to give regard to s25 Matrimonial Causes Act 1973, in particular paragraph (3). The result is CM imposed by a court can be significantly higher or lower than CSA rates.

When child maintenance is agreed as part of the overall settlement the agreement may be included in a Consent Order. The order is enforceable and after one year of the date of the order either parent may apply to the CSA for assessment and the court order ceases to have effect.

As landofthefaries said the CSA carry out a basic assessment based on the earnings of the "non -resident parent." It is then open to the applicant to apply for a variation based on assets, diversion or inconsistent lifestyle. Also the NRP may apply for a variation when, for example, there are exceptional expenses involved with contact.

Hope that helps.

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.