A Father who is doing everyhing possible to avoid paying maintenance

Vicki76

Hi,

First post on here, I am trying to help my sis in law who has been trying desparately to get maintenance for her 2 children but to no avail.

Her Ex works cash in hand so cant be traced as paying any tax, (this has been for 6 years), he is moving in with his new girlfriend, who has now said she is having her benefits stopped because he is now there permanantly, surely this must mean he is working or is she is lying about them being stopped. Which means they both committing fraud. He is not down for claiming dole so how on earth can he pay the rent if he is not working, they r also going abroad next week, what with if he is not working!!!!.

There have been texts saved saying he is paying rent, can these be used as evidence. Can he be followed for proof of where he works?, Any advice on how to what she can do next would be welcome,
Thanks

AnxiousMum

Has your sister in law gone the route of the CSA? How long ago did they split up?

If he is living a lifestyle which is inconsistent with his income, I'm sure that HMRC would be interested, and once they can impute an income on him, then CSA would have to follow suit I think? CSA won't be able to help prove his income though - she would basically have to report him for working cash in hand and not paying taxes, and HMRC would then investigate.

bdt1

Ask for an appeal or variation on grounds of 'lifestyle inconsistent with declared earnings', send any evidence you may have, and then if CSA cannot/will not change the assessment/decision this will give you the right to appeal, which means a full investigation would be possible if you pursue this to a Tribunal hearing.

speedster

AnxiousMum wrote: »

Has your sister in law gone the route of the CSA? How long ago did they split up?

If he is living a lifestyle which is inconsistent with his income, I'm sure that HMRC would be interested, and once they can impute an income on him, then CSA would have to follow suit I think? CSA won't be able to help prove his income though - she would basically have to report him for working cash in hand and not paying taxes, and HMRC would then investigate.

in theory, yes. in practice. doubtful. :mad:

you can report him to the IR and benefit squad. what they do about it is up to them. depends if they can be !!!!!d with it or not.

a lifestyle inconsistent appeal would fall flat on it's face at this stage. best to pursue the IR and BF route first. get onto your MP to see if they can chase them up on your behalf.

kelloggs36

Most lifestyle applications fail at the first hurdle, which is why you then need to appeal and go for a tribunal hearing with lots of evidence.

speedster

aye. and going in there saying "he's being paid CIH" is gonna fail as well.

the best proof is him being done for benefit fraud and having the tax man jumping up and down on him.

amilotte

Hi Vicki76

I'm in the same boat although my NRP owns a shop but has admitted that he has to be careful how much he claims so as to keep him below taxable levels. I have no doubt that they are topping up their income nicely with a whole host of benefits. His wife is also not appearing on the electorol register so I'm sure there is something to be gained there too......

I have often wondered whether it is worth approaching the IR but I didn't want them to assume its a bitter PWC causing trouble.

I'm thinking aloud here really as to whether it is reporting them and whether the IR do actually investigate those who we are speculating against?

Good luck to her though

enemes

I know exactly how you feel. I too, am trying to get some monies out of my children's NRP. However, this particular NRP is their Mother.
It took two years for the CSA to track her down, and eventually, through a DEO they swiped a few hundred quid out of her wages ... once!
She packed in her work ... and now has been able to convinced her doctors that she is disabled!! She is now in receipt of Disability Living Allowance and has a Mobility car, which means that she can not only work full time, but because she is in receipt of this benefit, she is not liable to cough up any CSA.

Basically ... its not ONLY men who are at the dodge, but some mothers too. She used to work for the Benefits Agency, and knows the legislation inside out, and even uses ex colleagues to access info about me, and update her on the "system".

gratefulforhelp_2

It doesn't matter if its a mother or a father dodging maintenance, does it? Its really wrong either way. I'm sure if you could prove she uses ex colleagues to get info on you, you could use that?