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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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I m divorced with a two year old child. My ex, who owns a

Resolved Question:

Hi, I m divorced with a two year old child. My ex, who owns a limited company, presents me as an employee of his company in order to avoid paying maintenance money from his personal money. I know he had been doing the same with his previous partner for over 14 years. What can I do about it? Has he got the right to pay the maintenance money to me under his company's money? And if this is illegal and i reveal it what effects will he have and what will be my benefits? Should I do something about it or should I leave it as it is? And is maintenance money normally taxed?
Submitted: 11 months ago.
Category: Family Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

How much is he paying - and what income doe she have?

Did he discuss this with you before he started paying?

Customer: replied 11 months ago.
Hi Clare
He is paying 1000 and she has no income. He had discussed it and she had agreed , but he first offered 1500 and few months later , he changed it, without a warning to 1000. Still all appearing as salaries
Expert:  Clare replied 11 months ago.

Sorry that should have read "what income does he have"?

Customer: replied 11 months ago.
per month he earns a salary of around 4200 , but he owns the limited company, so he also earns on top an amount at the end of the year. Of course his salary can be changed at anytime, since he is the boss, and arranges the circumstances as convenient..
Expert:  Clare replied 11 months ago.

What dividend did he take last year?

Customer: replied 11 months ago.
I am not sure. But I am afraid you are asking me the wrong questions. My problem is not regarding the amount of maintenace (although it is very possible that he s giving less than he should, but I am not here for this now). My question is regarding the way he s running his business and uses the fake salaries as business expenses, instead of paying maintenance.. Thank you
Expert:  Clare replied 11 months ago.

I am trying to work out if it is financially worth while for you to challenge the fact that no this is not how he should be doing it.

He should not be paying the money as a salary - and of course it is not to your benefit that he does.

The CMS will NOT regard money paid in this way as being Child Maintenance

Please ask if you need further details

Customer: replied 11 months ago.
Thank you for your answer.
1.What does CMS stand for, please?
2. When you are saying this not to my benefit, in what sense?
3. Is there any government agency where I could reveal this information about this company?
4. If I do reveal this information, what will be the the consequences for them and in what ways can I benefit?
Thank you
Expert:  Clare replied 11 months ago.

1. Child Maintenance Service (although if the child does not live in the UK they will not be involved

2. Should you get a real job then you would end up paying more tax than you would otherwise as your Tax allowance will have been taken up by this false "job"

3 and 4. There is no Company Law offence involved as such so no one to report it to and no benefit to be obtained by doing so

Customer: replied 11 months ago.
1.ok I see. The child does live in UK. In that case is it more preferable to refer to CMS and say that I have not being receiving the maintenance money?
2. That s clear now. Thank you.
3 and 4. It does strike me this one, i must admit! So, if I understand correct, when a company presents fake expenses (i.e fake salaries, business trips etc) , and someone is aware of it, there is nowhere to reveal this information to? Thank you
Expert:  Clare replied 11 months ago.

1. Yes - but do consider the economics first

3&4 - From a Company point of view if he wishes to pay a salary to someone and let them do nothing then that is his problem - he is not defrauding anyone since he "is"

the Company.

Technically it could be seen as a way of avoiding corporation tax - but the state will be getting more in Income Tax and National Insurance than they are losing that way so there is actually no loss to the State

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
Clare and other Family Law Specialists are ready to help you
Customer: replied 11 months ago.
3&4. Wow I see! Clever man!
Thank you for your assistance!

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