variance and how to investigate...

kelloggs36

My case took almost 7 years to get any money, so don't lose heart yet!!!!

Soubrette

I've had a response to my request for an appeal - I specifically asked for an oral appeal with an accountant present.

They have decided to treat my request as a request for a variation.

I phoned up the number - straight through this time rather than going via the automated system - and explained that I had already had a variation turned down. I was advised to fill in the form again but that a copy of the original papers will be on their way from whichever dept had the case originally.

I also received an acknowledgement letter about a week prior to the variation letter and at about the same time I recieved information from the ex's accountant (goodness knows how I remembered his name) which confirms at least that dividends were paid whilst I was a shareholder of the company. Interestingly it shows that £6,000.00 of dividends were paid to me, in my name while we were separated but I have never actually received this money. Nice one ex :rolleyes:

The ex is now driven to explaining to the girls that he is extremely poor and cannot afford more than £15 a week for them but would pay more if he could. The youngest who loves her Dad very much is finding this very difficult to square in her mind with her dad's insistence of buying only italian organic tomatoes, spending about £300 on new bits and bobs for his living room etc.

Will be filling out the new forms this weekend and sending them special delivery. I will be completing them as new forms rather than copies of the original variation as I want to acknowledge (and counter) that he claims his girlfriend supports him in part, he has taken a low wage because he didn't work as much as he has done in the past (I'm hoping this will bite him on the behind if he continues to claim minimum wage but has worked more this year), as well as any new bits of evidence such as from his accountant and other sources where I can get subject access data, as well as again asking them to check his tax returns for a true picture of his income.

I have to admit to not being very hopeful at this stage, my confidence in the CSA is pretty low

Sou

Soubrette

I am off to the Tribunal - I wonder if the other party is LittleJohn (only kidding LittleJohn )

The only trouble is that the ex has now come totally clean - he admits that he used to take dividends (up until Sept 08 - my claim started in Nov 08) but since then has not worked much so is only taking minimum wage.

He historically took dividends every 3 months so his next one would have been due in Jan 09.

However, I do believe him. Although he is spending money on himself (as usual) that is likely to be from savings etc.

Is it worth going to a tribunal? Can I ask them to ensure that all future dividends taken be declared as income by the NRP or that his tax returns be looked at on an annual basis? Or can I stop the tribunal and ask the CSA to do the same?

Or is there a different course of action I should be considering?

Sou

kelloggs36

Go anyway you have nothing to lose and everything to gain. Let him offer what the facts are, don't accept what he says without requesting that he provide EVIDENCE - if he is telling the truth he will be able to prove it and you will lose.

Soubrette

kelloggs36 wrote: »

Go anyway you have nothing to lose and everything to gain. Let him offer what the facts are, don't accept what he says without requesting that he provide EVIDENCE - if he is telling the truth he will be able to prove it and you will lose.

I think I will lose then

I do not mind him paying his pittance towards his children, if that is genuinely what he is earning in the short term, I am aware that self employed income goes down as well as up. (how he chooses to spend his savings is up to him and if he can't see how it damages his relationship with his children then more fool him ).

However, in the long term, I want to see him pay a fair share of his dividend income towards them - can I make that happen now he has admitted he has taken them in the very recent past?

Sou

Soubrette

I phoned the CSA today to ask for their advice on whether it was worth going to a tribunal as I believe the ex is taking minimum wage at the moment with no dividend.

The chap I spoke to felt that it was worth it because a) worse case scenario, things would remain the same (he couldn't believe I'd be awarded less ) and b) best case scenario, the Tribunal may decide to award maintenance based on the last 52 weeks income, as self employed type income is variable.

There are of course many shades between a) and b). Rather annoyingly the Tribunal apparently cannot direct the CSA to automatically look at tax returns - if things do remain the same then every time the ex starts a new contract then I will have to go for a variation and hope that his admission of taking dividends in Sept 08 would be enough for them to investigate further :rolleyes:

Thanks to kelloggs excellent advice, I asked if I should also ask the Tribunal to look into the ex's assets as he says he is living partially off savings and the CSA said yes and to mention his offset mortgage as overpayments may count as savings - the Tribunal will have to rule on that.

I now have to wait for contact by the Tribunal and complete their forms mentioning the above.

Sou