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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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I went to the CSA about 5-6 years ago as my ex was using financial

Resolved Question:

I went to the CSA about 5-6 years ago as my ex was using financial support to control me.
He had previously told me that the money he was paying was more than I would get from the CSA. I found this was not true and he had underpaid us by about £3,3000 at the minimum. I realise I cannot get this ammonut back. However he had a child with his partner and they got married, he now has a second child. Once he was married he used his wife's account to pay the maintenance and as she had a small child I believe she was not working, so did not understand why he did this. He works at a Marine Lawyer in the City and is a director. We have received no increase in our maintenance since it was first enforced. He always used to get bonuses at Christmas but we have not received any of this which I believe my daughter is entitled to. She has contact with her father and it appears that both his children are attending private school. He also has two very expensive cars and she recently went to her half brothers birthday party that cost over £400. I work full time but am in arrears with rent as the cost of living and raising a teenager has become very costly. All I would like is to ensure that my daughter is getting the right ammount of maintenance. I contacted the CSA a couple of years ago as I felt he must have received wage rises /bonuses etc but they said that the ammount would not increase. He is not paying through his employer, as he agreed to pay me directly. Is there anything I can do to make sure we are getting the correct maintenance?. I have just contacted a Private detective and they said they would have to conduct a 30 hour surveillance on him for evidence of lifestyle at a cost of @ £900. I cant see how this would benefit me as he is a high earner anyway and it does not provide conclusive evidence of his actual earnings. Any advice would be appreciated.
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.
Did the CSA actually conduct a reassessment?
Clare
Customer: replied 2 years ago.

Yes they did. However I did mention the fact that the wifes bank account is used and the person I spoke to said in effect that this was something that was beyond their remit. I don't think they are able to pursue this type of thing because it may involve investigation, and the sheer volume of their workload makes it impossible,which is understandable. As my ex has studied Law at Post grad level I feel that he may be aware of any loop holes. I think that as he pays directly to me voluntarily and not through his employer any bonuses etc would perhaps not be picked up as they are usually paid at Christmas and this is something that cannot be picked up by the CSA?. Also he must have had pay rises over these past 5/6 years - certainly we have had no extra in line with inflation etc. I suppose what I want to know is is there any way that I can get legal access through a third party myself / or through the CSA to check that we are not being underpaid child maintenance.

Expert:  Clare replied 2 years ago.
Hi
What account you are paid from has no relevance whatsoever
I suggest that you ask for a further assessment on the basis that he received dividends and bonuses which have not been included in the assessment.
This means that they will have to make further investigations
You should also request a full copy of your file from the CSA under the Freedom of Information Act (it costs £10) and make a formal written complaint about the way your case has been handled.
Always deal with the CSA in writing - if they phone you follow it up with a phone call confirming what they said.
On a different approach you can do a Director search against your ex and download the company accounts looking for directors remuneration loans and dividends
I hope that this is of assistance - please ask if you need further help
Clare
Customer: replied 2 years ago.

Thank you that is very helpful. I thought that he was using his wife's account so that possibly the CSA did not have access to his pay details over the year.I will contact the CSA as you suggest. Please could you tell me how I do a Director search ? do I just google the Company?

Many thanks

Expert:  Clare replied 2 years ago.
Hi
the easiest way is to google his name!
Clare
Customer: replied 2 years ago.

Thanks have already done search , and went onto Director search which was good but he is a Divisional Director - so will keep searching,

Thank you for all your help

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - good luck
Clare
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