How do I prove he is depriving himself of income?

SarahT1980

I split with ex husband in 2002 and he has paid maintenance via DEO about £68 a week ever since. He was never a man of many words and gives the CSA the silent treatment.

The strange thing is ever since the CSA put a DEO on his employer, which I know he was very bitter about, the money has never gone up, its varied slightly over the years as tax codes change, but he is still earning precisely £15000 a year as a builder. Since the DEO he refuses to speak to the CSA on the phone and always says, Sorry Data Protection Act your ID is not verified you know the score, then hangs up on them.

Whats more strange is his employer. He has worked for him since the 80s and according to companies house, the Ltd Company is now owned by his new GIRLFRIEND and his BEST MATE as directors. Neither are builders she is an architect and he is an accountant. I found out his employer died in 2005 and passed the company to my ex in his will because he didn’t have any family of his own.

He was also the executor at probate and he must have disinherited himself or sold the company as a knockdown to his girlfriend so he could fix his income by remaining a PAYE employee to get out of paying the CSA what he should be paying.

I know he is doing more than just a builder because they have a big country farm house, a block of 16 flats and a luxury villa all built by him as the site foreman. As for the villa, we are talking a 7 bedroom pile in Andalusia, and its website has his girlfriends name all over it and rented for £1850 a week. He lied saying he built them for his employers client plus where do all the cars and exotic holidays come from? No way has he done this on £15K.

The CSA says they have investigated and he has no registered land in his name, cant find out about the villa, and only one RBS bank account for his wages.

The CSA wanted to interview him about his lifestyle, but he got a solicitor to get him out of it. HMRC wont investigate because he pays tax doesnt claim benefits and the company staff payroll is handled by his mate, an accountant.

This all looks very illegal, he must be hiding money, where is all that rental income from his flats and other properties going? How can he enjoy such a lifestyle on £15K? Its not fair. He must be doing this to punish me because the court gave me the house, which he never finished anyway and he fought the CSA over the deduction order and lost.

HappyMJ

It's not illegal to put assets such as cars and property into your partners name. It's not illegal for him to work for nothing (well minimum wages anyway) building a block of flats for his partner. Technically it's the partner as the architect having the lifestyle so it'll be hard for you to prove that it's his PAID work that has contributed to the lifestyle they have. I wish you luck.

clearingout

Urgh! I hate these threads. I have an ex who is just the same. Unfortunately, when they're self employed, there is a lot that can be done which is perfectly legal to cover up income. It sounds like the CSA have done a serious investigation for you but have come up with nothing. Does he have contact with your child? If so, I would guess that at some point she will realise what is going on and make her own judgements. I'm sorry to say but this is the best you can hope for.

I don't think it's 'punishment' per se, it's just some warped sense of 'what's mine is mine', ignoring the obvious needs of the child. My ex has told the children 'mummy has plenty of money' when the eldest once asked him why mummy is always worried about money. He knows my mum won't let us go without in as far as she is able to and I suspect at some level, he uses this as justification for not paying anything at all.

Keep your ear to the ground and eyes open. He might 'slip' and give you something to go to the CSA with. Other than that, I'm afraid that you're going to have to sit on the moral highground and do your best to enjoy the view. Sucks, I agree.

bdt1

I fear that, as others have said - you may have one heck of a battle to prove any of this is true - he has done his homework well and truly, by not beingtied in any shape or form to the Company and by removing himself from all property tracing.

Even if you can prove rental income for properties, if they are not registered to him, but to a Company or his girlfriend then it is the Co or her that is the lifestyle.

Suppose only thing you could maybe do, apart from waiting for him to trip up, is apply for a variation on grounds that his girlfriend can contribute to housing costs,(if they are living together) where they will look at her income and apportion a % of housing allowance to her rather than him, giving him more free money for the assessment. If she refuses to provide income details they will 'assume' and apportion % anyway, and with your evidence I am sure it will be high.

But - I 'm not suggesting, just a comment - some rental properties often make little or no money or return, and can simply be a long term investment , if he is renting out these properties, surely he will have tax, maintenance, ongoing furnishings, decor, insurance, gas servicing, collection of rent charge, advertising charges etc etc also, which can very often wipe out any profit from rent taken, or if not reduce it dramatically

bdt1

Or.................ask for another variation based on lifestyle - when CSA refuse you, appeal against the decision, then when CSA Appeal Dept state - again - the decision will not be changed - this gives you full appeal rights, where you can apply to Independent Appeal Tribunal, where a Judge will decide if the appeal can proceed and not the CSA.

If granted then a full investigation, requests for documentary evidence, and an Independent hearing will take place, where your ex (finances) will be scrutinised, you will be privvy to all documents produced, then you can all attend and state your case. The independent Judge will decide how the decision goes, based on the evidence and the hearing - in our case we won, our scenario different to yours, but after CSA persiistently refused to put things right in our case, we appealed and took above action then won - it's a long process and stretched out, but the Judges are very thorough, unlike the CSA

fannyanna

Are you on CSA1 or CSA2? I'm guessing CSA1.

I'm just wondering what you'll gain if you go through all the effort of tribunals etc. If the CSA have looked at everything already and it appears that everything is in the girlfriends name I'm not sure you'd have any success. After all you have no legal right over the girlfriends finances.

bdt1

No, I agree, but a Judge will investigate and ask for proof of things CSA do not have resources to do, a Judge will look at the probability/evidence produced and make a decision accordingly, CSA go for easy route, not enough staff, not enough resources and making a loss. Judge will ask for evidence from all parties and then on the day they represent themselves to add to their cause

In our experience of 2 Tribunals (won both) this is the only way you will get a full investigation and where justice can be done

fannyanna

But if it turns out that everything is in the girlfriends name will they be able to do anything about it? I would have thought not but I'm just curious really

clearingout

I think you make an interesting point, fannyanna. The question here is probably legal vs. moral. Assuming that everything has been done above board legally, I feel a judge would 'let it go'.

However, the idea that someone has DELIBERATELY deprived themselves of income to reduce or stop child maintenance also has some legal weight, I think? In which case, there is a need to persaude a judge that the company was put into the girlfriend's name not because it was sensible from a business point of view (or indeed, a tax point of view as long as the moves were legal), but for the sole purpose of evading child maintenance.

And you know what, serve the !!!!!! right if the girlfriend takes him for everything....!!!!

fannyanna

Indeed the morals are highly questionable.

I just can't see a happy ending for the OP - although I may be being pessimistic.

No one would be able to take money from the girlfriend to give to the PWC. Even if they became married (provided everything was still kept in her name).

OP - I think this is one of those situations that you may need to accept as unfair and just try to come to terms with it and accept it. Otherwise I fear it will drive you mental. I know this really isn't the point but a silver lining is that you are receiving 28% of his net "income". It's better than nothing and more than some people receive (although I appreciate it's hard to look at it from this point of view at the moment).

Of course I hope someone comes along who is able to find a solution for you x

jetta_wales

Are you still getting the £68 a week though?