Self employed ex who doesn't want to pay - any point getting the CSA involved?

Jet

I split from my ex husband 6 years ago. Never been to the CSA because he has always been self employed since 6 months after we split and I know him well enough to know that it would antagonise him and I would get nothing.

He has always claimed to have no money and pleaded poverty. Once in blue moon, I might get £10 if I remind him a hundred times. :rolleyes:

I'm not greedy and I don't want to bleed him dry - but I do want something for our son. I have always worked at least 2 jobs to provide for our son, why should he not give me something to help provide for our son too? I would be happy with £5 a week if I thought I would get it.

Anyway, he has always rented out our old marital home as he claimed he couldn't afford to live there (he does own a boat and £25k car, smokes and eats out a lot). He met his latest girlfriend on an internet dating site 8 weeks ago and 4 weeks later notice was given to the tenant to move out and he has moved back into our old house last weekend with her and her some of her children. I know he is supporting her and her children and paying the mortgage. Therefore money cannot be as tight as I have been led to believe.

He works for various companies but mainly one and he invoices that company as a self employed person and then probably finds a whole host of ridiculous expenses before declaring his profit / loss. He is the sort of person who takes pride in fiddling the "authorities" as much as possible.

Is there any point in going to the CSA? I would love to think I could get something for our son. If I am awarded some money - how would they force him to pay it? He will certainly not pay voluntarily.

frugallass

my self-employed ex (a highly skilled and experienced builder) claims to be on a net weekly income of £201 a week, thus entitling me to £23 a week maintenance for our daughter (he claims to be responsible for 3 other children in his household which I'm disputing). He has a mortgage, takes holidays abroad, drives a reasonably new car, spends half his life in the pub, drinking, smoking and playing golf yet claims to be on such a low income. I know for a fact that he earns decent money but am 250 miles away and cannot provide any proof of this to the CSA.

He wouldn't readily provide the information that the CSA requested about his earnings but the CSA have powers to contact HMRC and view his submitted accounts for the previous year. They then base their decision/calculation on this information.

At the end of the day it's your decision to contact CSA but it's not a simple process - what have you got to lose really?

Jet

frugallass wrote: »

At the end of the day it's your decision to contact CSA but it's not a simple process - what have you got to lose really?

I would antagonise him and he would stop seeing our son - I know this from how he has behaved with his other children from his first marriage since we split.

Also, he has the threat over his head at the moment - always wondering if i will do it. However, once it is done and he worms his way out of it, he will feel like he has beaten the system and be happy rather than wondering if he ever could.

I realise they can trace his accounts but how can they extract the money from him? Employed people have DEO. What do they do with self employed?

frugallass

Jet wrote: »

I realise they can trace his accounts but how can they extract the money from him? What do they do with self employed?

They would take him to court if he refused to pay

He's playing mind games if he says he won't see his son if you contact the CSA - any man that acts like that doesn't deserve to be called a dad !

Kimitatsu

Jet

I think frugallass and I can write the book on self-employed and the CSA!! He has to prove that if he is working full time that he is getting the national minimum wage - otherwise he is breaking the law. My ex is self employed and should be over run with work as he is the cheapest Management Consultant the world has ever seen, but apparently is only paid £5200 a year. Just enough to be giving me £5 a week for 2 children.

Its laughable really but you can apply for a variation on the grounds of lifestyle inconsistent with income, and they will investigate but you have to put as much evidence together as you can.

As frugallass says really waht do you have to lose? At the moment he pays you nothing and if he pays you £5 a week you are money up. Contact and maintenance are not linked so he oculd take you to court for a contact order if you refuse him contact with his son.

If he refused to pay then they would obtain a liability order against him which would mean they would seize his assets (the house) if he refused to pay. There is a criminal compliance team who would do this for you.

Jet

Thanks for the reply. I should imagine he will say that he works part time - say 16 hours, that she doesn't work and that they will claim the maximum amount of tax credits. I presume the CSA don't take tax credits into account as income? Do they really do things like seize houses? What if he put it into his partners name?

kelloggs36

They certainly DO count tax credits as income, they look at it all if he is the main earner.

Jet

kelloggs36 wrote: »

They certainly DO count tax credits as income, they look at it all if he is the main earner.

At that point, I think he would put the business in her name and then she would be the main earner, so the tax credits would be hers. :rolleyes:

frugallass

Good luck Jet - don't let him put you off firing a claim into the CSA x

Jet

frugallass wrote: »

Good luck Jet - don't let him put you off firing a claim into the CSA x

Thanks. I'm still not sure I'm going to do it. My son is 10 and still wants a relationship with his Dad. I'm going to see what transpires in the next few weeks - I have a feeling new woman isn't going to want our son around much anyway, seeing as she's given up her own child to be with my ex who she met 5 weeks before they decided to move in together. :rolleyes:

I've gone without anything for 6 years and can survive without his money but there's no doubt some extra would improve my son's quality of life.

If I could guarantee I'd get something, I would go for it tomorrow.

I'm thinking of telling him I've had to reduce my working hours (he knows the company I'm working for is not doing well) and had to claim income support and therefore had no choice but to get CSA involved. If he feels I haven't "done it on purpose" he might not be so mad at me and try to use our son as a pawn.

duchy

I've bent over backwards to ensure my ex husband and his Dad have a good relationship-to be honest I wish I hadn't bothered as in some ways it would have been easier for my son to realise that actions speak louder than words when he was small rather than at 16 to have a Dad who couldn't be bothered even asking how his GCSEs went til 10 days after the results were out and still has to be chased for child support every month-He always pays it but it's always late as he "forgets" It's just a power game -excelled himself this month due on thr 26th but won't be able to pay it til the 8th as he's on holiday and "forgot" to pack his internet banking gizmo. This in conjunction with the GCSEs has finally made me realise I've done my son no favours allowing him to think his father is a better person than he actually is.