How do I prove he is depriving himself of income?

jetta_wales

Maybe he doesn't trust her to spend it on the kids not herself?

Not all PWC are saints not all NRP are sinners.

clearingout

jetta_wales wrote: »

Very few people in this country will ever know poverty, it is a ridiculous work to use for a family who don't get holidays or dance lessons.

Heard it used in such ways in many so called studies in the news recently and it's ridiculous and an insult to those who actually are in real poverty.

Poverty is relative. You can't compare poverty in the UK with those living below international poverty lines. I feel quite sure there are millions of people in the world who would be more than grateful for everything I and my children have, but that doesn't mean that we're living in the lap of luxury by UK or 'first world' standards. A welfare state may well ensure that no one starves but I feel quite sure there are many, many thousands in this country who miss meals, patch up their clothing because they have to (not because it's 'green' and 'trendy' to do so), walk long distances in all weathers because they can't afford the bus etc. etc. etc.

anguk

One thing to think about, if everything is in the girlfriend's name and they split up he's going to have a hell of a time getting his money, business, homes etc back.

System

SarahT1980 wrote: »

We got a copy of the will, but there are technicalities that gag the CSA, and HMRC are not interested because the tax liabilities have been paid.

The wording says the assets (including the company) "shall be held upon trust for" him, rather than "give devise and bequeath to" him and there is no end-date on the trust. This means all gifts are held upon trust for my X until the trustee closes the trust. As he is the trustee, a general provision in the will (Power of Appointment) enabled him to appoint a co-trustee and form a discretionary trust which means my X can now dispose of the assets as "he shall think fit" before winding up the trust whenever he thought the CSA liability finishes.

Apparently under the 1925 trustee act, trustees cannot be coerced and are under a statutory duty to protect the beneficiaries – himself. This means a court has no power to revoke the terms of the will unless they can show the testator did not have testamentary capacity at the time or a legitimate claim can be proved from a biological descendant of the testator.

Another expert looked at the will and says the testators intentions are clear in that he implicitely wished his estate to benefit the beneficiary and not the beneficiary's creditors. Hence the complex trust wordings.

We cannot prove the company is being held upon trust by the shareholders for my X until such time he chooses to end it, and he has no obligation to discuss any trust matters with the CSA. Under the Power of Appointment terms of the will, he can hire and fire trustees.

There are 4 shareholders of the company and my X is not one of them. He is one of 30-something employees on its books. I dont know who the two minority shareholders are, there are dividends but as an employee my X doesnt get any.

I think that answers your question. Anything to do with the company is out of your and CSA's reach and can not be used in any calculation.

jetta_wales

anguk wrote: »

One thing to think about, if everything is in the girlfriend's name and they split up he's going to have a hell of a time getting his money, business, homes etc back.

Not with the trustee arrangement it's been done in.

Light_Speed_Cruiser

anguk wrote: »

One thing to think about, if everything is in the girlfriend's name and they split up he's going to have a hell of a time getting his money, business, homes etc back.

You will find that Section 4 of the Fraud Act 2006 and Section 1 of the Trustee Act 2000 will bite her on the ars!!!!.

justaquickone

jetta_wales wrote: »

Do you still get the £68 per week? (nearly £300 a month) Do you really think you NEED more than that?

If he was assessed to pay almost £300pm on a wage of £15k, then really I do not blame him for trying to divert some of his income. Say his real earnings are double that, then his assessment would be sky high.

And really, if his girlfriend is a high achieving architect, then do you not feel slightly embarrassed as the ex to still be seeking to gain off him? After all, £300pm is really quite a lot of cm

SarahT1980

!!!!!! wrote: »

I think that answers your question. Anything to do with the company is out of your and CSA's reach and can not be used in any calculation.

Its nothing to do with the company.

He is diverting income which he is benefiting from that is diverted through (and taxed) in his girlfriends name.

Surely, isn't this diversion of income?

System

But he is not diverting income. The company that he is not a director of is paying him £15,000 pa, and you are getting the CSA based on that. His GF as a director is probably taking a big dividend to fund their lifestyle. This is her right as a director of the company.

He can not take any dividends from the company as he holds no shares in it, he is purely an employee

His lifestyle is funded by his GF via the company and there is nothing that either you or the CSA can do about it.

It can not be a diversion because it was never his in the first place.

SarahT1980

On paper I know he is not a director. But he is doing the function as a director, he decides how the company moves forward, negotiates building contracts and directs future expansion plans. But he is not being paid, instead its his GF that takes the income on his behalf, and he benefits through her.

If you phone the company on the pretext of instructing them to build a supermarket or a school, its my ex you speak to. He will commission his GF to design it and draw the building plans once the contracts are exchanged. He does the role of his ex employer and thats hardly the role of a £15k a year employee.