Where do i go now..?

m1967

My child support had to be made by a court order which my ex failed to adhere by. We went back to court and because he says he only works 16 hours a week the amount was set at £20 per week (we have 3 children under 16) plus £10 off his arrears of over £20k. He admitted in court he works more hours, but as its for his girlfriend he has to 'earn his keep'!! The truth is he declares 16 hours a week and the rest is paid cash in hand to avoid supporting his kids. I contacted the CSA who informed me if they were to take the case on it could reduce to £5. per week unless they can prove he's working more hours. Its a chance I can't take. Can anyone tell me where I go from here?

AnxiousMum

Who did he admit that in court to? Surely if a court heard him stating that he has to 'earn his keep' by working more hours - then they would've taken those additional hours and the earnings into account? how long ago was your court hearing, and do you have the right to appeal based on the court not assigning an income for those 'unpaid' hours. Did you question it in court when it was raised?

flutterby_lil

Maybe just accept the amount offered by the court then, unless you can try prove he works more hours?

m1967

He admitted it to the magistrates, i was astounded! They said they would only look at what was on his wage slip. Its hard to prove he works these hours, but he hasn't seen his kids for 8 weeks because he's 'working so many hours at the moment...'
Its a total farce....

keir1163

HIya,
the magistrates can only act on evidence given. It sounds stupid but he could have told them anything but unless there is evidence to back it up then they canntt really act. So i would assume that they would take pay slips as gospel and unless you can show where the cash in hand goes you may have a problem.

AnxiousMum

I can see how they can only go on 'evidence' when an allegation is made - ie, the PWC saying 'he works more hours than that, but the wages are redirected to his partner', then the PWC would have to prove this.

But.....when the NRP makes this claim himself to the Magistrates? OP did anybody, including yourself, ask about this in the court at the time? Do you have the right to appeal? It might be worth a half hour visit to a solicitor to see if you could appeal on this admission in court which was basically ignored....

m1967

Yes, I did ask the magistrates why they weren't taking this into acount and they said that as only the amount on his payslip could be taken into account, he then said he worked more hours for free to earn his keep..they just reminded him he was on oath and that was the end of it.
I saw a solicitor today who advised me i'd need concrete proof he was being paid for this extra work or it would be a wasted journey back into court. I know he is, its just proving it that's the problem.

AnxiousMum

Surely if he has stated under oath that he works 'for his keep', then the 'wages' for that would be whatever his share of 'keep' would be. Did anybody think to ask him how many extra hours that would be that he worked for his 'keep', as surely they would be able to determine the value of his 'keep' work?

keir1163

Ther in is the problem..........what is keep.
you still have to have proof

ok so you can appeal, but then you all sit around the tribunal and you say your bit, the judge asks him ' is this true', he says 'no' judge says ok wheres the proof.
Unless he turns up all blinged up in a prorshe .......then you may have a case

Marisco

m1967 wrote: »

Yes, I did ask the magistrates why they weren't taking this into acount and they said that as only the amount on his payslip could be taken into account, he then said he worked more hours for free to earn his keep..they just reminded him he was on oath and that was the end of it.
I saw a solicitor today who advised me i'd need concrete proof he was being paid for this extra work or it would be a wasted journey back into court. I know he is, its just proving it that's the problem.

I think you've answered your own question! Unless you have "concrete" proof then I don't think there is anything you can do. It's obvious they are not going to just take your word for it, otherwise anyone could say anything about anyone!! Cash in hand jobs are notoriously hard to prove by their very nature! The "worker" won't admit it, as they don't declare it, and the "employer" won't admit it, because they are not paying VAT, tax etc on it. Unless you have something down "on paper", I think you're on a hiding to nothing!!

m1967

It certainly looks that way doesn't it? I don't want blood, just a respectable bit of child support. I had a stroke last year and moneys tight as it is. Oh well, i'll just wait for a bit of karma...
Thanks for your advice