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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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Hello.. I have 2 daughters the oldest 2 years old and the

Resolved Question:

Hello.. I have 2 daughters the oldest 2 years old and the youngest 8 months.. i broke up with his father, his legal emigration status are not clear. around 6 o 7 years ago he had some issue with the police and his finger prints were take, at that time he gave a different name to his real one,, 2 years ago we apply to the home office with this new name saying that we have 2 British daughter is he should have the right to stay.. he has another relation and other 2 daughters, and those 2 babies have his proper surname,, Now hi is running a suscefull company under someone else name as he can no have under his name, but all the money and properties are under his family and he send the money back to his country all the time to his family and his own account? i just want to know if i sue him for child support nothing will show that he has the money to help me with it.. but the reality is that he is more than capable to do it.. I just want what my daughter deserved, even is they are going access to the money when they are old enough, i am not planning to touch the money…What should i do?

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Is he now legally in the country?
What do you know about the company he works for?
Clare
Customer: replied 2 years ago.
Hello
Thank you so much for replying back.
He is not legal in the country,, as I said we applying on the basis that he is the father of my daughters but his application was denied, the lower appeal but once again the said that the home office has been asking him to left the country for around 9 years and he haven't do it.. So they refused his stay in this country..
Now about the company,, I know everything about it.. I was the director, but nothing that involve this company has his name. Well all the emails and the contract confirmation show him as the director but the true he is not in charge of that position.. But because it was on my name and after our relation rapture I decide to devolve the company.. Whis the accounts are working on it..
Clare if you need any other information please do not hesitate to contact me
Jennifer
Expert:  Clare replied 2 years ago.
Hi
What work is he doing at the moment?
clare
Customer: replied 2 years ago.

hello he is a builder contractor,, someone that want to have a loft extension, loft conversion or anything related with building construction.

jennifer

Expert:  Clare replied 2 years ago.
Hi
Does he pay tax at all?
Clare
Customer: replied 2 years ago.

Hello..

Tax we will have to pay on the annual account on the profit made by the company.. but we paid the vat and everything else..but again clare, everything was on my name,, nothing shows him as a director, or secretary or anything… and the fact is that most of the money was paid by cash and as i said he used to send the money back to his country, so there is not money on the company, that i can hold of..

Jennifer

Expert:  Clare replied 2 years ago.
Hi
Did the company pay him a wage of dividends?
Clare
Customer: replied 2 years ago.

hello Clare..

Not he is not mention in anything with the company.. he hasn't got any ID or NI or Passport or anything that has his name on it..Plus, which name can he use,,

Jennifer

Expert:  Clare replied 2 years ago.
Hi
Do you have any evidence of his financial position
Clare
Customer: replied 2 years ago.

Not..because all the money his send back to his country to his family or his own account back in Malaysa,, but i can have the bank statements for his account in here, (not under his name, the account is under his brother's name)

Jennifer

Expert:  Clare replied 2 years ago.
HI
Can you prove that the funds are his?
Clare
Customer: replied 2 years ago.

i can prove that some of the money has been sent to malaysia, to his mother (most of it), but what he used to do was to go to casino and withdraw some money and then sent it by wester union or other company money transfer. also what he used to do was transfer to his personal account ( which is under his brother account).. but this all the information that i can have..

His family has everything back there..

Well now i don't know if this is important..

He has around 5 properties in this country under his nephew's name, his is only 21 and he is student (where can he get money to get this property?)

Maybe this will help.

now because i broke up with him,, i am planning to go away to othe country for few months, and i think he will take me out from the house that me and my daughter are living, which is under his nephew's name…

Don't know what to do..

Thanks

Claire

Customer: replied 2 years ago.

Should i print his back statement, for further information?

Expert:  Clare replied 2 years ago.
Hi
When were the properties purchased?
Were you ever married to each other?
Clare
Customer: replied 2 years ago.

hi Clare.. The property were purchased between 2012 and 2013..

Not we nerved married,, he hast got any paper to allow us to married,, the only thing that i have with his fake name (name under home office) is the birth certificate of my daughters, and some bills…

Jennifer

Expert:  Clare replied 2 years ago.
Hi
You can make an Application using Schedule 1 of the Children Act for Financial Provision from his capital.
As you say there is no way that his nephew could have purchased the properties - but you are going to have to prove that the money came from your ex
It will not be easy - but if you have the paperwork then yes it is worth the try
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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