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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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I have seperated with my ex (never married) of 10 years, 3

Customer Question

I have seperated with my ex (never married) of 10 years, 3 years ago, we have 2 children aged 3 and 9. He does not give me anything toward them. He buys properties does them up and sells them on, is claiming that he has no money, he is working 100% for himself and when he sold our house ( I kept another property) he has already bought and sold a flat and is onto his 2nd investment. He made a large profit from his last venture. How do I prove he has been working?
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.
I'll wait thank you
Expert:  Nicola-mod replied 2 years ago.


Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.

What is behind your question?
Is it a question about child support?
Or are you seeking to make a claim against any of his properties or his money?
Customer: replied 2 years ago.


Yes, I want to claim child support, but am not sure how I prove that he is working. Does his buying and selling (whilst making a profit) mean that he is "working"?

Expert:  UKfamsol replied 2 years ago.
Ok thanks.

Well it sounds as if he has a business anyway. Normally capital gains tax is payable on the profits from buying and selling property (with one's own home being exempt). And if it's a regular business, then he will havae to pay income tax as well (or instead of - I'm not a tax expert). So the HMRC will either have a tax record for him, or if not, you might want to alert them to that possibilty that he is evading tax. The reason I mention HMRC is that the child support system changed recently, and the assessment is now based on someone's gross earnings as recorded by HMRC in the last tax year, rather than under the old system , which was based on net earnings, and relied on the person themselves saying what their income was.

Of course, if he's paid cash and doesn't declare it, then the HMRC won't have a record - but then they wouldn't have had under the old system either.

The problem you've got with the new system (which is called the Child Maintenance System (CMS) rather than the Child Support Agency (CSA)), the emphasis is on separated couples reaching agreement between themselves. You can still go to the CMS to get them to assess your ex - but I think there is now a charge to pay if you want to take that route.

Here's a government website that gives a lot of info:

http://cmoptions.org/en/toolbox/index.asp

I hope this helps and I wish you the best of luck.


Thanks and best wishes...

Expert:  UKfamsol replied 2 years ago.
Hi again.

I see that you have looked at my answer but not accepted it. Is there anything in your question that you feel that I have not answered, or anything in my answer that you would like me to clarify?

Let me know - I'll do my best!

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