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Trying to negotiate a family agreement!!!

  • Lea74
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07 Jan 12 #305110 by Lea74
Topic started by Lea74
My ex and I have a Consent Order in place which is now over 12 months old. He has advised that he currently has no work and will not be able to pay anymore child support. He is self employed and works between the UK and Switzerland as a consultant.
The child support he was paying was sufficient to cover the mortgage which is what was agreed.
We have tried two attempts at a family agreement. What is now offering is no where near what he was paying and has left me in a serious finanical difficulty. On the last attempt his wife has offered to pay for two activities for my sons but on the proviso that I communicate with her with regards to any financial support for my sons as it is her money.
I have bills coming at me from all sides that need to be paid.

So I am thinking of going the CSA route. I think it may be my only option as we do not have an amicable relationship at all.

Is this a good idea given that he is self employed?? I have not heard good things in these instances.

  • grassisgreener
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07 Jan 12 #305133 by grassisgreener
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Hi Lea,
Divorced friends of mine in the situation where the ex is not on PAYE have often found the CSA to be of very limited value, sad to say. I would speak to them anyway, what have you got to lose?

Do you think your ex is genuinely unable to pay? Is there evidence to say he has finances and is being difficult, say?

  • Fiona
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07 Jan 12 #305137 by Fiona
Reply from Fiona
Where does your ex live, in the UK or abroad?

  • Lea74
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07 Jan 12 #305162 by Lea74
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Thanks for the reply. I dont have proof but am going on what he is telling me. Is that foolish? How can I prove that he doesnt / rather does have the income. Should I try to verify it and if so how??

  • mumtoboys
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07 Jan 12 #305178 by mumtoboys
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how does he earn? is it on a sole trader basis or as a director of a limited company?

As far as you are aware, has he generally filled in tax returns and operated his business on a legal basis or is he the type to spend now, worry about paying the taxman in 3 years time? do you know roughly what he''s earnt in the last few years?

If he''s limited, you can download his accounts from the Companies House website which will give you an idea.

The problem with self employment is that it is perfectly possible to minimize your profit to reduce your tax bill but still pull a decent wage from the business and it all be legal and above board. There are plenty of us here with exs living amazing lifestyles on £500 a month. The CSA works well if someone is on PAYE but not so well for the self employed person who wants to minimize their maintenance contribution. However, if you don''t ask, you don''t get! It''s worth a try with the CSA, nothing to lose if he''s paying nothing anyway.

  • Lea74
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07 Jan 12 #305182 by Lea74
Reply from Lea74
Thanks so much. I have just looked on companies house website and found the company registered as ltd.

Thanks so much didnt even think of that. What do I do now how can I view his financial statements?

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