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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 6596
Experience:  Barrister at law
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My ex husband is a consultant surgeon and stopped paying

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My ex husband is a consultant surgeon and stopped paying child maintenance in August 2019 as he allegedly stopped working. I don't believe this to be the case but Child Maintenance Services go on what HMRC tell them in terms of income. I have lost £1200 a month in maintenance for my daughter
JA: What steps have been taken? Have any papers been filed in family court?
Customer: No this was arranged through Child Maintenance services - my daughter is now 17 but still in full time education. I can't afford to go back to court, especially as he falsified documents during a previous hearing
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: Swansea
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I can't believe that he has gone from £5000 a month income to zero as he wouldn't be able to sustain his lifestyle. He's scamming somehow. I have found articles he's written this year for Urology journals so he has to be working in some capacity

Hello, my name is ***** ***** I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I'm just reviewing your question.

Have you any evidence that he is working?

Customer: replied 1 month ago.
he has been writing in urology publications and I don't believe he can publish as an editor, saying that he's working for his Trust and a a Senior lecturer at the local University, unless he is working. But I can't figure out how HMRC have no income for him. He's very devious and won't support Annabel as she doesn't want anything to do with him so it's out of spite really
He was due to lecture at a Patient Engagement Day in September this year. He has also renewed his GMC registration which, if he was off on long term sick, he may not have done so. He claims he's off sick but then he would get 6 months full then 6 months half pay so I would still receive something for Annabel

Then you have to go back to the CMS and ask them to carry out a more in depth investigation, or in the alternative find evidence of his income that you can present to the CMS. Perhaps he is working under the guise of a ltd company now?

There will have to be some evidence of the income or the CMS will not be able to do anything I'm afraid.

Can I assist further today?

Customer: replied 1 month ago.
Ok thank you - I think he must be working privately. Is there any way I can prove this without going into additional expense? I'm already broke after losing £1200 a month

It's difficult to prove, as any request for information is a bit of a fishing expedition.

You could ask the CMS to investigate more fully and seek disclosure of bank accounts.

You could consider applying to the family court under schedule 1 to the children act 1989 for funds for your daughter's university fees, for example, if he has assets to his name but apparently no income to speak of.

It may assist to have a free consultation with a family solicitor to discuss the options you have.

You should be able to locate one with the link here:

https://solicitors.lawsociety.org.uk/

I hope this assists.

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