CSA Tribunal Help!

contraryone

Hi,
I am waiting for a date for a tribunal hearing. My ex always paid 450 maintenance up until a couple of years ago when he moved in with his current partner, since then it has reduced and reduced without no communication from him about this. In then end I have had to involved the CSA.

He left his full time job earning over 30K to become a self-employed fitness instructor, teaching in local health clubs 9 years ago. CSA came back to say that he was only earning a net salary of 8k - although he grossed 32K - I have now contested this twice and and it is going to a tribunal. I have seen all his tax returns/books and he is basically writing off 22 K in purchases and operation costs. Even though he is able to afford expensive holidays, etc. (which he says his girlfriend pays for - basically he is stating that he is a kept man) We have two children and he is currently paying 2.47 per day for them. The girls do not go without but it is me that is basically keeping them - thus leaving no spare money do do the things that I would like to do with them, all my money just goes on the cost of keeping them day-to day and then there is littlel eft over.

I do not want to rip him off - I just want a fair contribution to look after OUR children.

I have been advised to apply for a Variation order - but have no concrete knowledge of his outgoings.

I have also been thinking of using one of the Child support companies to represent me in court, rather than a solicitor, as I will have to take a loan out to pay for this. Any advice would be greatly appreciated.

speedster

firstly, forget the thought of getting into debt to pay one of the so clled "specialists" they are about as competent as the csa themselves.

secondly, if he is running his own business that grosses 32k ish a year, then any half decent accountant will juggle profit and loss down to under 10k with no problem and only mild bending of the rules, so your variation request will fall flat at the first hurdle.

thing is, SE is a very efficient leveller when it comes to dealing with the csa because the nrp doesn't have to roll over and play dead with a 40%deo on his back, so you tend to find that they are not bothered by the threat of the csa in the slightest ( i speak from my own experience)

if your nrp is not phased by them, is there no way you can come to an ammicable, private agreement between you? sometimes it is hard to bite the bullet and communicate with each other, but for the sake of the children would it not be worth putting aside the csa and striving to sort it yourselves?

especially when faced with a SE nrp, as the csa also tend not to pursue it as they prefer the "shooting fish in a barrel" approach of 40% deo'ing of paye nrps.

contraryone

Thank you for the advice - sorry to sound a bit stupid but what is 40% deo?

bdt1

40% of pay on deduction of earnings - ie taken direct via employer

Soubrette

I'm confused - if you are waiting for a Tribunal date then you should already have had something like a variation turned down by the CSA, if this is the case then the Tribunal do the asking for further evidence of income/expenditure etc.

Unlike Speedster, I would not like to be in the shoes of someone who had been lying about their income/overheads etc as if the Tribunal uncovers this then I would expect that HMRC would also be very interested in the figures. Despite his complaints about his ex wife and what she deserves as maintenance he is very lucky that she is not the type of person who forces a Tribunal every time he takes a holiday or something.

I too am waiting for a date for a Tribunal, my ex has so far had to provide all personal income/expenditure and company accounts (he is a one man band Director). I have not asked for any of it - it has all been asked for by the Tribunal. Luckily for my ex he is an honest Director (in that he uses tax avoidance not evasion) but if he were not then his personal accounts would show if any of the money he was claiming as overheads were being used for personal gain.

Sou

Blob

Just a quick point on this as a result of a Tribunal, my ex a PWC showed that she had an income of £8K for two years that was not decleard. The CSA then sent in the Criminal Compliance Team and did nothing! If it had been the other way round I would have been skined, is it because it is a woman or the PWC that they take no action, I just wounder! As she was on benefit as well guess what nothing there either! They say the system is not stacked, really!!!!