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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 self employed and claiming his net profit for

Customer Question

My husband is self employed and claiming his net profit for this year is zero, this rubbish but hard for me to prove, I have a net income of 1400 and 3 children to look after, can he claim maintenance from me?
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.
Does he operate as a Limited Company?
What was his previous income whilst you were together?
Clare
Customer: replied 2 years ago.
Not limited company no. He is a painter decorator, his income has varied as he has been investing in the business - new van, tools etc. so from -6000 one year, 8000 - 10,000 other 2 years before this 15000
Expert:  Clare replied 2 years ago.
Hi
how much does he take out to live on?
clare
Customer: replied 2 years ago.
I don't know what he has declared, his accountant does his accounts. This is another problem he is suddenly claiming he only started with an accountant this year, that previously I did the accounts - this is not true he has used the same accountant since 2006! Surely this is traceable even if the accounts were submitted online.
Expert:  Clare replied 2 years ago.
Hi
Yes it is traceable!
How far have the financial negotiations reached and how old are the children?
Clare
Customer: replied 2 years ago.
Form e's are going to swap in next few weeks . The children are 7, 5 and 3.
Customer: replied 2 years ago.
Relist: Other.
No resonse
Customer: replied 2 years ago.
Form e's are going to swap in next few weeks. Children are 7,5,3
Expert:  Clare replied 2 years ago.
HI
My apologies for the delay
Please try not to worry there is is no chance of you being ordered to pay spouse maintenance given your limited income and your need to support the children
Do not hesitate to invoke the CMS (new CSA) if your ex will not offer child maintenance - you need it and he has a responsibility to pay it
Please ask if you need further details - regarding capital or any other matter
Clare
Customer: replied 2 years ago.
He is claiming I did his his yearly accounts, when an accountant did this, he says because my handwriting is on the bank statements that it how's kid his accounts (I would just write next to each item if it was tools, materials etc. as he dictated to me from his cheque Stubbs) - why would he want to make out I did his accounts? Whe n an accountant prepared his returns and he signed them? What has he to gain from this?
Expert:  Clare replied 2 years ago.
Hi
Actually he has more to lose than to gain as if you were involved in his business you have a potential claim on it
He may also be trying to argue that he now has increased expenses - or that you have caused a large tax bill etc etc.
However this will clearly fail as the Accountant will have records of the work that he did.
Clare

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