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Company director playing the system

2

Comments

  • AnnieB61
    AnnieB61 Posts: 8 Forumite
    Sorry for not replying sooner - I forgot my login, then forgot where I had posted, then forgot I'd posted at all! I have memory issues as well as physical health problems, which is why I'm not working at the moment - and why I'm so short of money myself.

    B's dad is paying £111 per week for her through the CSA - although this month it was £50 short, and it's usually 2-3 weeks late. We live in rented accommodation after he made sure we lost our home, and there is no way that I make a profit from what he pays for B. His step-daughter lives a life of luxury - yet B and I only just scrape by :(
  • AnnieB61
    AnnieB61 Posts: 8 Forumite
    edited 2 April 2013 at 10:57AM
    scousefowler - I sent details from all his abbreviated accounts held on the Companies House website. I sent a document from the Land Registry showing ownership of the new house. I told them as much as I could about his lifestyle (new house, holidays, cars, horses, trips to Dubai 'to buy gold jewellery' etc). Initially they said they would demand to see his unaudited accounts - and told me they had written to him telling him he had to submit them. Great, I thought!

    Then I phoned the CSA last week to see what was happening - and to say he still owed money this month.They said:

    - He has ignored their letter asking to see his accounts - but that they "don't have the resources" to follow it up".

    - His new expensive house and lifestyle are irrelevant, as they can't take into consideration the value of his house, and variations on the basis of lifestyle are no longer allowed.

    -They are not allowed to ask for his P60 or any tax returns - but "if I could get hold of them, or his full company accounts they would take them into consideration".

    !!!!!!? How am I supposed to get hold of any of them? I've done as much as I can - yet still the CSA can't touch him!

    Yes I know - they have a backlog of around 170,00 cases. Yes I know, the number of investigators they have has been reduced by about 75% (or so I was told when I phoned the time before last) But what is the point of the CSA, if the NRP can lie so easily to them, and then still choose to pay as and when they want?

    Yet the DWP have the resources to keep sending me for medicals, then a tribunal (which I won)! They can request every single document I possess, regarding my income etc! They can sent someone to my house, to check my living arrangements, and whether or not I am cohabiting with my housemate (I am not)!

    What's that saying... "The devil looks after his own"???

    I don't want his money - but B would love to have even a fraction of what his partner's daughter has! She has very few clothes or shoes, nothing smart or dressy to wear whatsoever. We never go out anywhere, and we have had to cancel her place on the school music trip this year, as I can't afford to pay - and he won't. I struggle even to run my car so that I can get her to the bus stop to get to college (we live in a village) Yes - I should be able to get a job and pay for it all myself - but I can't. And even when I was able to work, I could never earn more than £8 per hour - whereas his hourly rate is around 10x that.

    Yes of course there will always be people worse off than me, and I appreciate that I'm lucky to even have a roof over my head - but what's the point in laws, and agencies like the CSA if they are nothing but toothless tigers? He lied about his earnings in court. He did not abide by any of the terms of the divorce, agreed in court - but I soon found out that since I couldn't afford a solicitor I could do absolutely nothing about it! And likewise when he then went to the CSA, and lied again about what he earned - yet they seem to be either powerless or unwilling to do anything about it!

    So why have a legal system? Why have the CSA? I've found to my cost that if you have the funds, you can get away with just about anything! But if you don't, you're on your own :(
  • AnnieB61
    AnnieB61 Posts: 8 Forumite
    mania112 - I am only bitter because he has so easily played the system, and because 'leaving it up to the discretion of the NRP' can only work if the NRP has any sort of conscience or scruples whatsoever - which B's dad does not.

    Apart from the financial issues I am delighted to be divorced from him! He was/is an alcoholic, who was mentally/emotionally/verbally abusive to our 3 children (then around 10, 13 and 15) and me on a daily basis. He physically abused our daughter (which unfortunately I only found out when social services became involved), and terrorised us all - we regularly fled to hotels and/or a women's refuge just to get away from him and his drunken rants. And after he moved out, he tried to sexually assault B on one occasion, when she went to stay with him for the weekend. Unsurprisingly, she never stayed with him again!

    He was supposed to keep up the mortgage payments after he moved out (I was only earning about £150 pw, and he was earning around £3000pw) - but he did not. The mortgage company tried to repossess the house - and I went to the hearing, but he did not. Then he stopped paying the 2nd mortgage (that he had taken out to pay off his business tax debt that he had run up!) - and again I had to fight to stop the house being repossessed, while having to agree to him dropping the house to £30,000 below its valuation for a 'quick sale' as he was !!!!ed off that we had managed to avoid the repossession for the time being (he was desperate to get us out!)

    He then repeatedly failed to pay the interim maintenance payments for me and our 3 children, stating he "couldn't afford it" - whilst going on holiday to Egypt and Dubai, buying cars, jewellery, horses etc...

    When the house was sold, I was left with nothing, as it had been mortgaged up to the hilt. Our sons left moved into a flat he had rented for them - but 3 months later he stopped paying and they were evicted. They then had to quit college and look for work, to try to support themselves - as the house that B and I had rented wasn't big enough for all of us - and I couldn't have afforded to support them anyway.

    The boys had a major falling out over whose fault it was they had been evicted, and didn't speak to each other for about a year - they still owe around £5-6000 in rent arrears and other bills / loans etc. They are finally back speaking to each other and good mates again now that god - but my eldest has gone into the army today, and his younger brother is still struggling to survive on his own. They are both extremely bright lads and wanted to go on to uni - but there's fat chance of the doing that now.

    So after abusing them while he was at home, and screwing their lives up even after he left, he can now afford anything he wants - and has smugly lied his way through life just as he always did, with no comeback at all! As always :(

    Bitter? Yes, I am! How dare he show no regard whatsoever for the welfare of our children - whilst glibly admit that he pays more towards his girlfriends/stepdaughter's 4 horses a month, than he does to just help provide a roof over his own daughter's head?
  • Carl31
    Carl31 Posts: 2,616 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Combo Breaker
    AnnieB61 wrote: »
    Sorry for not replying sooner - I forgot my login, then forgot where I had posted, then forgot I'd posted at all! I have memory issues as well as physical health problems, which is why I'm not working at the moment - and why I'm so short of money myself.

    B's dad is paying £111 per week for her through the CSA - although this month it was £50 short, and it's usually 2-3 weeks late. We live in rented accommodation after he made sure we lost our home, and there is no way that I make a profit from what he pays for B. His step-daughter lives a life of luxury - yet B and I only just scrape by :(

    £111 a week for one child?
    my Wifes ex pays £65 a week for 2, and i thought that was fair
    theoretically, if you assume 50/50 financial liability for your child, your child costs more than £200 a week?
  • AnnieB61
    AnnieB61 Posts: 8 Forumite
    I fully understand if people are not interested in this thread, or can't be bothered to read all I have written, since it is so long - but please could I request that people don't bother replying otherwise?

    Carl seems to have totally missed my point, since he found the need to imply that a maintenance payment of £32.50 pw per child is more than adequate!

    My question was intended to be about men who think that it is they, rather than the court or the CSA, who should decide how much maintenance they should pay for their children!

    However whilst on the subject of 'how much IS enough', I suggest you take a look at the JRF website page publications?MIS-2012

    According to the JRF, the Minimum Income Standard for a single parent with one child in 2012 was £275.59 per week, EXCLUDING rent. Our rent is £120pw, so lets round that up to about £405pw for B and me. So if you like, B's dad is 'overpaying' his share of her basic requirements by £10pw! WHEN he pays it! (Incidentally, B and I live in a village and her travel expenses are actually a lot more than the MIS assumes)

    However this is less than 4% of his gross income - and so is hardly bankrupting him!!! I still maintain that it is totally unfair that a man can get away with lying left, right and centre about what he earns, both in court and to the CSA, then refuse to adhere to a payment schedule - and so easily get away with it!

    What percentage of his income does your wife's ex pay for his children, Carl?
  • cookieshop
    cookieshop Posts: 29 Forumite
    your lucky to be getting anything, my nrp owed his own company aswell......until I did a variation, and within 2 weeks of me doing that, he gave up his company, (which he has owned for 10 years), signed it over to his 'wife', gave her his shares, his salary, his dividends everything, now pleads she supports him, as he has no job....he has seen is son for about 35 minutes in total, and baby is now 21 months..!!....

    I am at a loss about what to do, as it always seems to be supplying evidence, he just says this happened, that happened and they believe him, I have to dig and dig to find stuff out...
    I don't know what to do....:-(..xx
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    When was the Lifestyle variation taken away? I can understand it possibly not applying under the 'new' system, but since when was it no longer allowed under CS2?
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    In any case, any Lifestyle claim would be disallowed from the CSA and then you appeal and get to a tribunal -that is the only way to get it looked into seriously.

    If he earns more than the £2k maximum you can apply to the courts for top up maintenance for very high earners.
  • Carl31
    Carl31 Posts: 2,616 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Combo Breaker
    AnnieB61 wrote: »
    I fully understand if people are not interested in this thread, or can't be bothered to read all I have written, since it is so long - but please could I request that people don't bother replying otherwise?

    Carl seems to have totally missed my point, since he found the need to imply that a maintenance payment of £32.50 pw per child is more than adequate!

    My question was intended to be about men who think that it is they, rather than the court or the CSA, who should decide how much maintenance they should pay for their children!

    However whilst on the subject of 'how much IS enough', I suggest you take a look at the JRF website page publications?MIS-2012
    7
    According to the JRF, the Minimum Income Standard for a single parent with one child in 2012 was £275.59 per week, EXCLUDING rent. Our rent is £120pw, so lets round that up to about £405pw for B and me. So if you like, B's dad is 'overpaying' his share of her basic requirements by £10pw! WHEN he pays it! (Incidentally, B and I live in a village and her travel expenses are actually a lot more than the MIS assumes)

    However this is less than 4% of his gross income - and so is hardly bankrupting him!!! I still maintain that it is totally unfair that a man can get away with lying left, right and centre about what he earns, both in court and to the CSA, then refuse to adhere to a payment schedule - and so easily get away with it!

    What percentage of his income does your wife's ex pay for his children, Carl?

    I dont know what % of earnings my wifes ex pays, i just think the amount he pays is a fair contribution based on the basic cost of the childrens needs, i would only expect him to pay 50% of their food and living costs, i certainly wouldnt expect any 'profit'
  • AnnieB61
    AnnieB61 Posts: 8 Forumite
    There is no profit! After paying 50% of B's living expenses, there is very little left - but anything there is, goes straight to her for 'incidentals'. (She is 17 now, but is seldom able to go out or buy clothes etc.) Personally I would prefer if it all went straight into her bank account from the start, if the idiot truly believes he is subsidising me!

    But again this is evading the issue: What gives the NRP the right to think that it is THEY, not the court / CSA who should decide how much they pay - and why is it so easy for them to cheat the system? It's not B's fault that her parents split up - so why should she live on the breadline, when her father is so wealthy and her 'step-sister' gets so much? Yes, she chose to live with me - but then I wasn't the one who was abusive towards her!

    Why should her dad get away with expecting to buy loyalty? Why should he be able to play the system, if his children decide to stand up for themselves and say 'enough is enough'?

    I want any money paid direct to B - I don't want a penny of it, and were it not for B and her brothers having to go without so much, would be happy as I am. Certainly more happy than my ex, who knows the cost of everything but the value of nothing! The more they have, the more they want! I would hate to go back to that life - and can at least be 100% certain that the fact our children choose to spend most of their time with me, isn't just because they are after money! lol!

    Surely no decent father would put their children in this position in the first place? There are dozens of ways he could make sure that his own children don't lose out, whilst making sure that the 'wicked ex' doesn't profit at all! Yet he chooses not not. Says it all, really!
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