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H manipulating earnings to set aside maintenance

  • * Tilly *
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03 Mar 20 #511696 by * Tilly *
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Help. Husband manipulating his earnings and employment to set aside maintenance (which is low and very short fixed term anyway).

H works tax efficiently by running multiple limited companies and works on a very high day rate as a consultant but now just pays himself £700 a month and has stopped all dividends. He has taken money out of company as "director loans" and "expenses" instead to fund his now very extravagant lifestyle. He has also stopped his latest contract from just before the time of the hearing.

Any pointers for presenting the ability of the self-employed to manipulate earnings to avoid maintenance to a judge? I had to do so at final hearing but had 2 days to do so but now I have a 1 hour hearing.

How likely is a judge to set aside a low and short periodic payment when my situation is unchanged from final hearing, the H situation has not yet changed he is just claiming it will next month?

H has not provided any financial disclosure with his application - should I write to him and ask for full financial disclosure before hearing?

He has been living with his partner and their new baby son since we separated 2 years ago but has never provided disclosure about her earnings or savings or financial position.

Should her earnings be considered as well? He claims he needs to pay her the same as the maintenance due to me (even though she has a £20,000 a year job).

Any help gratefully received thank you.

  • MPcannotcope
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04 Mar 20 #511702 by MPcannotcope
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He should provide full disclosure of his income and assets including the ltd companies where he is a shareholder or director. When I was in court I had to supply details of Ltd Co. bank statements and was asked why there were funds still in the company bank accounts and had to justify keeping money in there to pay company bills and corporation tax etc.

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04 Mar 20 #511704 by * Tilly *
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Thank you for taking the time to respond. I have asked for full financial disclosure which is missing from his application. I doubt I will receive it.

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