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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12378
Experience:  30 years as a practising solicitor.
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I am trying to asking some questions about Child maintence

Customer Question

Hello, I am trying to asking some questions about Child maintence with someone being self-employed.
Submitted: 10 months ago.
Category: Scots Law
Customer: replied 10 months ago.
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Customer: replied 10 months ago.
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Customer: replied 10 months ago.
my husband is self-employed, as far as I know he earns £50 -£70k per year pure income, but he did the account at £167 per week income which made him pay about £67 per month child maintenace to me wiht 2 kids, and my son is high level of disablility child. What can I do?
Expert:  Nicola-mod replied 10 months ago.
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Expert:  JGM replied 10 months ago.

Thanks for your question. Can you tell me if you have applied to the CMS? If so what stage is the application at?

Customer: replied 10 months ago.
Hi Yes, I have took it to CMS, we were agreed on £500 per month before he moved out the house, but then he didn't pay for it 5 months later, then I applied to CMS, but CMS is very rubbish on these self-empolyed people as they were all did very low income in their account, so made him pay like £67 per month for 2 kids, bear in mind that we have a highest level disable son who is 7 years old, can't even sit up or do anything by himself, and I hardly manage anytime to work. Let me know from your experience what else I can do?
Expert:  JGM replied 10 months ago.

Do you have any evidence of his earnings? Or his lifestyle?

Customer: replied 10 months ago.
I have one of his bank statements which he didn't clear his tax fir, have his PayPal account which lots deposits paid in there, and I hidden his 2013 and 2014 working dairy
Customer: replied 10 months ago.
I have recipes which I spent in children which was around £1000 per month, and p could proof he used to spent £700 - £1000 per month on child care helping me out with care the children while he was in the family. But now he had an affair with a woman.
Expert:  JGM replied 10 months ago.

Have you provided copies to CMS?

Customer: replied 10 months ago.
No, because CMS said they can't look at his bank statements which I can prove of, they are thereto finish the job, not helping. They are totally rubbish on self employed people. They knew most of self employed people seem have very low income as they told me, but they can't do anything about it as they only get the information from HMRC and they can't even ask them to do their latest accounts for Child maintenance, if I argue, then they say they are legal to use account within 6 years. Totally helpless. But they are good for these people getting salaries. I am sure you know all these. X
Expert:  JGM replied 10 months ago.

So are his tax returns wrong?

Customer: replied 10 months ago.
Expert:  JGM replied 10 months ago.

I'm afraid there's not much you can do about this apart from make a lot of noise. I've had clients that write many letters to CMS pointing out that the lifestyle enjoyed by their ex doesn't reflect their disclosed income. Sometimes it works. Sometimes it doesn't. It seems to depend on the particular case worker. One thing you can do is write to HMRC and report to them that he doesn't disclose his whole income. Or threaten to in the first instance as I'm sure he won't want a tax investigation into his affairs.