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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34264
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Need advice on handling tribunal for child support. 1/

Resolved Question:

Need advice on handling tribunal for child support.

1/ Can and would HMRC Partnership Tax Returns taken from certified business accounts compiled by chartered accountants be enough for judge instead of full accounts of business plus tax returns.

Issue being a complete stranger is wanting access to our entire life.  We belief income the only issue but court seems set on receiving accounts which is fine for rental property but it is not fine for business which is private and personal.

2/ We are being asked to provide Will and Title Deeds of property we inherited and own to court plus year end accounts even though we have submitted our personal 'certified' tax returns for years in question which details all.  Finding it hard to accept that theses official documents are not enough.

Need expert on handling tribunal and what is absolutely needed by judge and would our personal private documentation be shared with other party?  The party in question has issues with that fact we have invested capital in new business. She is seeing money being spent but not seeing share of what she considers should be available as the income!!

Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Are you considering dealing with this on your own without a lawyer?
Customer: replied 2 years ago.

Currently on own as involving official body could spiral in our opinion and we have supplied personal tax returns certified and find the court is only trying to understand position of parties.

Seen one judge and all adjourned as insufficient evidence before tribunal being our accounts!

We have until 31st Dec 2014 to submit accounts plus

Sorry for delay our response did not arrive with me last evening

Customer: replied 2 years ago.

Currently on own as involving official body could spiral in our opinion and we have supplied personal tax returns certified and find the court is only trying to understand position of parties.

Seen one judge and all adjourned as insufficient evidence before tribunal being our accounts!

We have until 31st Dec 2014 to submit accounts plus

Sorry for delay our response did not arrive with me last evening.

My hubby is a retired police officer and I am self employed.

Expert:  JGM replied 2 years ago.
This appears to be an English Tribunal, not Scots law procedure. I will have to transfer you to mt English law colleagues.
Customer: replied 2 years ago.

Yes - Child born in England but assumed rules apply national surely as HM Courts & Tribunal Service for Social security & Child Support based in ermingham cover the entire UK?

Expert:  JGM replied 2 years ago.
The rules are similar but I am aware that the way these Tribunals are handled in Scotland is different from England, particularly the rules of evidence which is what your question is about so I am asking for it to be transferred for that reason.
Customer: replied 2 years ago.

ok thank you..

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.
May I ask why you consider your business - which produces the income - to be a Private matter?
What is the actual dispute being considered by the tribunal?
Clare
Customer: replied 2 years ago.

Appeal is for CSA calculation for 2011 onwards. Payments were seriously reduced as our income reduced too.

Years 2012 and 2013 we dealt with serious illness plus. There is a perception that we have income as we have property!

Appeal was made and given 18months later then another 12months later we have had our first hearing. We have submited Business Tax Returns and Personal Tax Returns which should be enough?

Is it necessary submit anything else. This appeal on behalf of another and complete stranger is casting a shadow over all around us wishing to know our every detail invading all. We are happy to provide all but only that which is necessary.

Our official certified HMRC Tax Returns should be enough?

Expert:  Clare replied 2 years ago.
Hi
I am sorry - who is the complete stranger?
Clare
Customer: replied 2 years ago.

Clare. Believe it or not the stranger is the person for which this appeal is for. there was no relationship/past marriage etc just a child now 18 and we have had no contact at all. Stranger means unknown person!

I am wife of the biological father. my business accounts and personal accounts are being requested for the very 1st time along with my husbands! My world is being invaded by a complete stranger with issues!! income from CSA seriously changed / reduced when retirement plus illness were experienced by us. My question still stands: - will HMRC Business Tax Returns be sufficient for judge court etc.

Our personal Tax Returns the court already has and the only one pursuing itemized details is this stranger who sees money where there is none.

Having my life and detailed business accounts given to a person who's sole aim is seriously destructive is not a path I wish to follow.

As a spouse I have rights too. Are accounts given shared in full to all for tribunal hearing and what protection do I have against this person.

To date in a very short time my faith in system is being tested.

I would like to see issue finished so need court to receive all needed but no more than absolutely esential and as HMRC Tax Returns are official certified documents can I submit and argue that nothing else is needed?

Expert:  Clare replied 2 years ago.
Hi
That is a little clearer that you.
Can you explain a little about the nature of the business that you and your husband share
Clare
Customer: replied 2 years ago.

Hospitality Business. BnB. for the years under review this is new business.

Rental Property. for the years under review all is open to see.

The issue is one individuals need to be destructive..

Expert:  Clare replied 2 years ago.
Hi
The issue is that the Tribunal wish to check that no funds are being held within the business to avoid being taken as income - so the full accounts will ned to be released.
The Will and the Land Registry documentation are in fact public records so there is no reason to disclose those.
For clarity you are allowed to invest excess capital in new property if you wish - (or in another asset) - but if you simply hold it in the business then it can still be assessed as income - and the only way the issues can be determined is by viewing the full accounts.
Equally I am afraid that the other party is entitled to view the accounts since she has to have the right to make her case for a challenge.
I am sorry - I know that this is not what you wished to hear - but sadly it is the position that you are in
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34264
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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