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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33501
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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The father of my 5 year old daughter (we are not

Resolved Question:

Hello The father of my 5 year old daughter (we are not married) pays me £400 per month maintenance. On checking Companies House information I see he is running a business where he has two directorships including shareholdings, both companies have turnover of 600,000 + and 700,000+. I understand he should be paying me 15% of his net earnings. Should he be paying me more based on this information and should I approach the CSA or get a solicitor? I really can't afford to lose what I am already receiving from him. Kind regards Claire

ps Just to add he has 2 boys from a previous marriage.

Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstDoes your ex pay under a Court Order, via the CSA or by way of a voluntary arrangement?
Customer: replied 1 year ago.

By way of voluntary arrangement. It was an informal friendly "deal" and regrettably three years ago he stopped seeing our daughter (his choice).

Expert:  Clare replied 1 year ago.
Have you accessed the Accounts of the Companies to determine what dividends he receives?
Customer: replied 1 year ago.

Yes I have. I work for an accountancy firm so can access Companies House information easily. There is a holding company and two subsidiaries which as well as his salary I am sure he is drawing dividends. Unfortunately he has submitted abbreviated accounts only which doesn't disclose this information.

When we were last together in 2009 he was earning £65,000 salary gross and looking at the accounts I believe he is earning much more and I don't believe I am receiving 15% of his net earnings.

His dividends would be declared on his tax return wouldn't it? Would he have to provide this if I went through CSA? Is CSA the only option I have and do you think it's worth the risk going that route?

Customer: replied 1 year ago.

Good morning Clare

As yet still waiting for your reply.

Will I be getting your advice today?

Claire

Expert:  Clare replied 1 year ago.
My apologies for the delayUnder the latest rules he should be paying (roughly) 19% of his Gross income (assuming his other children are under 20 and in secondary education) - and you should receive a third of that sumAlthough Dividends are not counted in the first assessment if you appeal it they will include them on the re-assessment ( yes it is ridiculous - I have no idea why that works I simply know it does)It does look as though he is underpaying you - and if you cannot reach an agreement then I am afraid that the CSA is the only way forwardYou could try and establish a new Family Arrangement using Family Mediation if you wish to avoid using the CSA. (now CMS)I hope that this is of assistance -please ask if you need further details
Customer: replied 1 year ago.

Thanks Clare and no probs about the delay.

I will approach and try to reach an agreement and then consider the CSA.

Just one more query please.

As he works for a relatively small firm in insolvency it is my understanding he may be hiding a chunk of his earnings and receive an amount by an alternative source.

My point is that if it went the official route I fear it will backfire on me and I will get less or would it be that if it went to appeal would the CSA court take into consideration the fact that he has been paying me £400 maintenance every month since our daughter was born.

I suppose I am looking for reassurance of not been awarded less than I am already getting as £400 is better than nothing and don't want to jeopardise that!

The bot***** *****ne is, shall I rock the boat?

Expert:  Clare replied 1 year ago.
Hi
It is very clear that his income is higher than he admits - and if he resists you can always appeal on the basis that his lifestyle does not match his declared income.
After three years a review is overdue whichever way you look at it!
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33501
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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