Company Director - pulling the wool over their eyes!

GracieMay

Hello, this is my first ever post so please be kind.
I have clearly been naive to believe that the CSA would be helpful in trying to prove that they and I are being deceived by my ex.

Having read a lot of posts on this forum I don't expect a clear answer, but need somewhere to sound off about the injustice and frustration I feel right now.

I am a PWC. My DD is 15 and originally there was a consent order for maintenance in place for £500 p/m (loads, I know, but his salary at the time about £100,000 per year). He stopped paying in 2008 and through the CSA the new arrangement of £60 p/w was set up. The NRP stopped paying any maintenance in Nov 12. I gave him the benefit of the doubt until after Christmas - (to my detriment as the CSA claim only starts from the day I placed the call which was first working day in Jan this year). I have received today a decision from the CSA that his new payment will be just £12 per week. He was paying £60 p/w before. The reason for this is that he is Director of 2 Companies and only declared dividends will be taken into account. His wife is Company Secretary of both companies. They have no other income (they say). Yet keep a house, horses, send their other child to public school, 2 x flash cars and all this on an income of less that £140 p/w. He doesn't claim benefits and hasn't declared himself insolvent so how does he live? He is clearly pulling the wool over their eyes - and the onus is on me to prove otherwise! How? Sorry, rant over.

kevin137

Apply for a variation of lifestyle inconsistent with means... You can also apply for assets to be taken into account, and his business can be classed as an asset i believe... So do that as well...

HoneyNutLoop

kevin137 wrote: »

his business can be classed as an asset i believe... So do that as well...

His business cannot be considered an asset for a variation - business assets are specifically excluded from that ground.

However, the CSA will only take account of his dividends once it receives your variation application for "income not taken into account". I know it's hard, but just try to put in as much info as possible, in particular a figure for the amount of dividends you know/believe he has been paid. If his company has filed any accounts, you can obtain a copy through Companies House for a small fee and the contents may help to support your application.

On the lifestyle ground, try to be as specific as possible about his outgoings and the costs incurred. So if you know how much the public school and house and horses are costing him on a monthly or annual basis, make sure you include those details. If you have any supporting evidence of those costs, be sure to include it.

The two main things to note with variations are:
1) He will get to see copies of the things you allege in your form (not your address or anything personal to you, but what you are claiming the variation for) and any supporting evidence your provide. This is called contest.
2) A lot of variations are rejected by the CSA but you have the right of appeal against this decision. If you decide you're going to appeal, make sure you submit it in writing within one calendar month of the CSA notifying you of it's decision. You can still appeal after this time, but you have to have good reason for delaying.

kevin137

Do apologise, i knew there was something from business couldn't remember if it was assets or dividends, was half asleep... Haha

HoneyNutLoop

Happens to us all!

GracieMay

Thanks Kevin & HoneyNutLoop.

I shall definately look into the info available at Companies House.
I have no idea, however, how to glean information regarding his other outgoings, he rents his house, and my DD told me last night that they drive cars that belong to one of his Companies. I won't be specific for identification purposes, but has large logos, and is very specific to his town.

Thanks for the replies