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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34504
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband is Living in the republic of Ireland with his new

Customer Question

My husband is Living in the republic of Ireland with his new partner for 15 months and is operating his business in the north of Ireland. I live with my 3 children in the North of Ireland. He stopped paying child maintenance in February for our 3 children (he was paying £500 and then reduced it to £350 when they moved in together.) He paid nothing for 5 months. He eventually got a solicitor after I served divorce papers and the letter stated that he pays me £5 per week. he pays no tax on his self employed income as he claims to earn £7000 a year and his accountant aunt does his books. He has 3 vehicles and rents a 4 bedroom house in the country. 2 out our three children stay with him every other weekend (they are 6 and 10.) How can I get him to pay child maintenance?

Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
Is the business fully conducted in Northern Ireland?
Claire
Customer: replied 4 years ago.
Yes. He does some work in south but the business is operated from the north.
Expert:  Clare replied 4 years ago.
Hi
Have you made an application to the CSA?
Claire
Customer: replied 4 years ago.
No, not yet.
Customer: replied 4 years ago.
Not yet
Expert:  Clare replied 4 years ago.
Hi
Since he works in the UK you should be able to make a successful claim via the CSA although you may have to insist that they do an assessment by appealing any refusal.
You will also have to appeal the first assessment as they will not have taken into account the dividends that he receives but they will on the re-assessment.
If they say that he has insufficient income then you may have to appeal on the basis that his lifestyle does not match his declared income
If the CSA cannot act because he is actually receiving his income in Eire then the only other way forward is to apply to the divorce court for maintenance I am afraid.
he will then have to disclose his accounts and you will be able to challenge them
I hope that this is of assistance - please ask if you need further details
Claire