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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
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 sons father is a self employed consultant who can earn

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My son's father is a self employed consultant who can earn a maximum of £10,000 a month, £700 a day, all paid directly into his company, which is off shore. He is also paid a percentage of any contracts he makes, again paid into his company, these can be up to £million pounds contracts. He pays me £150 a week to bring up his son from birth, we were not married, he has two other children from a marriage, who are now in their late teens and live with his ex-wife, therefore he is required to pay child support to three children. His daughter goes to a private school, soon to University, his son colleage all which he contributes too. He pays nothing towards our son's education. I own my own house so put a roof over our son's head, he has not contributed to this. Since our son's birth three years ago my weekly child support has remained at £ 150.00 a week. He says if I went to the CsA as I believe he is not treating my son and I fairly, we would receive even less. My son's father has regular contact with our son, which I encourage. Would the CSA be able to help me?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What evidence do you have of his income?
Clare
Customer: replied 3 years ago.
Hello Clare, I have a copy of his consultant employment contract and the name of the company he is currently employed by, along with evidence that he has paid his £200k mortgage back in under three years, he left paperwork and notes on the kitchen island when I dropped our son off, I managed to take copies, I have mentioned figures to him so he may be aware I know, his response is that he does not take a salary and that the contract is in a company name not his, although it is his company that he set up. He also has an an accountant that manages all his finances. I have noted down his tax code of last year and national insurance number, we lived together for three years whilst he was going through his divorce, in a rental, whilst he was deciding what property to buy, he now owns a £1.6ml house which he bullied me out of at 7months pregnant, fortunately I have my own property to return too, I was 39years old and now 42 living with our almost three year old son. I want it to be amicable and grateful for the £150 a week I just want him to be fair and not keep badging me saying he will increase it then doesn't, or does, to £200 a week for a month then reduces it when he says I get more than I deserve. I am an unemployed single mother living in my own house and my only income other than child tax credit and benefit is his child support, which we live on, I am bringing our little miracle son, as he was a surprise at 5months pregnant, I was told I couldn't have children. He also asked me for a DNA, charming man, before he started paying me child support, at least I have this as evidence my son is his I suppose as much as it was extremely hurtful at the time. He also pays for private schooling for both of his elder children which I assume comes from his salary, his ex wife also contributes, he will likely say she pays it all from their divorce settlement. I really do not want to go through the CSA, I am just enquiring iif I did would it be in my favour or not, as he says he I will get less , he will then only pay me £ 10 a week... It's for Luke our son, his parental responsibility, I have given up my career, all my savings to buy this house, my financial independence..all for our son, I know he loves Luke but why does he have to keep badging and bullying me, when I need to be strong for our little boy. Sorry for going on... Thank you
Expert:  Clare replied 3 years ago.
Hi
You have two ways forward
your starting point is to apply to the CMS (new CSA) for an assessment
Given his income it is unlikely that you will receive any less
The actual calculation is set out here
http://nacsa.co.uk/index.php?option=com_content&view=article&id=38:cs3-calculations&catid=2:uncategorised&Itemid=535
and there is more interesting information on that site
You may have to appeal the initial assessment as they can struggle when it comes to dividends
In addition you can make an application under Schedule 1 of the Children Act for an order regarding School fees so that your son has a similar education to your ex's other children
I hope that this is of assistance - please ask if you need further details
Clare
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