Hi, thank you for your question. Has a formal application been processed by the CMS and are/were you married to each other?
Thank you. Firstly, child maintenance is worked out according to his gross taxable income - therefore if there is no tax liability on his income in return for the director loan, then that will not be taken into account as income for CMS purposes.
Furthermore, in relation to past support, there will be no legal enforcement or obligation for him to pay unless there was a formal CMS/CSA calculation that he did not comply with.
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He is no legal liability on him to provide maintenance unless or funds unless there is a CMS calculation and if there is it will be limited to the decision that they make - unless you can provide evidence that he is earning more taxable income than has been used in their calculation.
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My name is ***** ***** I have been a solicitor for more that 30 years.
There are two points to add to the above
The first is that you MUST appeal the first CSA/CMS assessment as they do not include Dividends in the first assessment.
In addition you can ask for the fact that he is diverting his income to avoid paying maintenance to be addressed.
Secondly if that fails you can apply to the Family Court using Schedule 1 of the Children act for an Order to cover the costs of extra lessons etc