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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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What can be done about a father who lies in order to pay

Resolved Question:

What can be done about a father who lies in order to pay less child maintenance, how can his income be proved if he is self employed and his brother is his accountant ?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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 do you know he is earning more?

Customer: replied 1 year ago.
This person was my friends live in partner for several years. They had children together before the relationship broke up due to his domestic abuse. My friend often saw evidence of earnings during this time also he has a thriving business.
Customer: replied 1 year ago.
This man stated that his earnings are only £100 per week which is a lie. He only pays £9 per week for two children aged 9 and 7, it is not enough for my friend to keep the children in clothes, shoes, school trips, after school activities. My friend has since married and had another baby and her husband does not earn a high wage so they struggle to make ends meet.
Expert:  Clare replied 1 year ago.

Does he also receive dividends from his company?

Customer: replied 1 year ago.
He is a self employed driving instructor with a full client list. He also owns luxury cars
Expert:  Clare replied 1 year ago.

Ok

Does he channel his money through a Company do you know?

Customer: replied 1 year ago.
This is taking far too long to get to the point. I am terminating this session/service and no longer wish to have information/help. I do not wish to pay anything more than the amount I agreed to pay at the start. I do not give you permission to take any more money on my card. Christine Stringer Mrs
Expert:  Clare replied 1 year ago.

I am sorry that you are finding the process a problem.

The nature of the forum makes it difficult to get all the necessary information within a short period of time in the way that you can with a face to face meeting.

My suspicion is that the father has his own company. He is paying himself a wage and taking the rest of the money as dividends.

For reasons I cannot fathom at the first assessment the CSA do not include dividends - but if the mother appeals the decision and asked for a reassessment then the dividend ARE included.

This should lead to a substantial increase in maintenance to reflect his actual earnings.

If this has already been tried then please let me know and we can go through the possibility of an applictaion based on the fact that his lifestyle does not match his declared income.

Please ask if you need further details

Customer: replied 1 year ago.
Thank you Clare, sorry I was so blunt earlier, it's just that I am not really sure how this works and I don't want to run up a huge bill as I am 71 and on pension only, but I do want to help my Granddaughter as she is struggling while he is buying expensive cars. Your probably right about the dividends but I cant be sure.
Expert:  Clare replied 1 year ago.

There is no need to apologise - it is a very "clunky" system.

From all that you have said I would put money on the issue being the dividends.

All mum has to do is ask the cMS?CSA to do a re-assessment and include the dividends!

Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Clare I will tell her.
Expert:  Clare replied 1 year ago.

You are very welcome - I do hope things go well