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Ex husband not declaring his full income

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LIP123
Posted by
Junior Member

10 Jan 15 #453390 by LIP123

Topic started by LIP123

I''m am just wondering if I have any recourse against my ex husband (divorced March 2012) as he earns a lot of cash in hand as a DJ but does not declare it and so is not paying the amount of child support he should be, he pays against an income of about £12.000, so I receive approx £3 per day for each of our 2 children.

He also set up mediation meetings to make arrangements for his contact with the children which was agreed at every other weekend but he cancels having them whenever it suits him and often it is because he is out Djing at the weekends.

He received his share of our house at the point of divorce which was almost mortgage free and I had out in an extra £45k equity from a flat I owned which the courts ignored and at that time his barrister said he should be paid immediately rather than wait until our youngest had finished tursory education so that he could buy a property that would enable him to have normal contact with the children.

He actually bought a house with his girlfirend and her relatives all take preference over my children in staying at their house.

Also finally I am also wondering as my ex husbands girlfriend lives with him and has a good income if her income should be takien into account regarding child support payments (her children are both over 21).

Thank you in anticipation

Fiona
Platinum Member

10 Jan 15 #453393 by Fiona

Reply from Fiona

A new partner''s income isn''t taken into account when calculating child maintenance unless a case was opened with the CSA before March 2003.

Child maintenance is calculated as a percentage of the paying parents taxable gross income. IF there is evidence the paying parent has taxable income not taken into account in the basic calculation the Child Maintenance Service can look at it again. Obviously there is a problem with providing evidence when someone is paid in hand. All you can really do is report him to HMRC and give them any information you have about where and when he works. They may then investigate although it can take me considerable time.

Child Maintenance Options
Moderator

12 Jan 15 #453531 by Child Maintenance Options

Reply from Child Maintenance Options

Hello LIP123

All parents have a legal responsibility to provide accurate information about their income when calculating a child maintenance arrangement. If you have an arrangement agreed through the courts, you could seek legal advice about the concerns you have over your ex-husbands income. Although the Consent Order has to be in place for 12 months before it can be altered.

If your arrangement was via the Child Maintenance Service, you could contact them to ask them to re-evaluate the calculation based on your concerns over the extra income.

If overnight stays were agreed within the calculation which are not taking place, this could also affect the amount that should be paid.

As already mentioned, your ex-husband’s girlfriend’s income is not taken into account when calculating child maintenance.

There are various different ways to arrange child maintenance payments. If you would like information on the options and a more personalised service, you can contact Child Maintenance Options directly, www.cmoptions.org.

The Department for Work and Pensions (DWP) have a web application, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is www.wikivorce.com/divorce/Sorting-Out-Separation.html.

Regards

Sarah

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