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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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Hi, I am trying to claim child maintence but my ex pays

Resolved Question:

Hi,
I am trying to claim child maintence but my ex pays no tax even though he is successful business man so cant claim, howvever I wanted to know that when claiming maintenence would the cms look at the household income or just his income as members in his household do pay tax.
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.
Where does his income actually come form?
Clare
Customer: replied 2 years ago.

selling cars but yet he has not paid a penny tax it has all been going into his personal account and banks have never questioned.previously cms told me I have to report him to the tax people to get him to make his money legal. but now he is one step ahead he told the caffcass officer that he at the moment is unemployed but his partner works and he lives with his partner. I understand the caff cass officer has said that he is going to put this in his report. his partner works so would cms take his partners income into account and get me my child maintenence

Expert:  Clare replied 2 years ago.
Hi
What evidence do you have of his employment over the years?
Clare
Customer: replied 2 years ago.

his bank transactions will confirm he sells cars because when buyers pay him into his account they put the reg num. he pays autotrader for advertising and also he has business cards with his business name. recently is stumbled across some paperwork he had left at my home before he threatened to kill me and there are about 30 letters from different consumers wanting refund of their money as he sold them dodgy cars.my solicitor has highlighted to his solicitior as I understand that police were called and also he was beaten up so we were worried about aleena's safety as loan sharks were involved. since we have highlighted this he has made it known to the caffcass officer that he has closed his business and is unemployed but I know he has a lavish lifestyle. every week he gives my daughter about 50.00 of toys, so I did highlight to caffcass officer how he is funding all this plus the solicitor cost as cms have confirmed he is claiming nothing

Expert:  Clare replied 2 years ago.
Hi
Have you ever reported him to the tax office?
Clare
Customer: replied 2 years ago.

no because if I do that he willknow it is me and he will kill me and I really mean kill me. We are not talking about 10 or 20 thousand pound tax evasion, he has not paid tax since the age of 23 and he is 40. we are looking at at least 1 million pound. he is a successful business man and now I think he is using his partners account for business transactions. if tax people get involved he will get prison and then he will have no means to keep me alive.i am really scared of him

Expert:  Clare replied 2 years ago.
Hi
What work does his partner do?
Clare
Customer: replied 2 years ago.

i understand she is in the teaching sector so she pays legal tax

Expert:  Clare replied 2 years ago.
Hi
How much does she earn?
Clare
Customer: replied 2 years ago.

I don't know.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that the CMS will not take account of her income when assessing child maintenance.
However if you can show that her income could not support their lifestyle then that could work - although whether it is worth the effort is a different matter
Otherwise I am afraid intervention by the tax man is your only hope
Please ask if you need further details
Clare
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