Ex working cash in hand

jules6810

After some help please if anyone can.

To avoid a long post, I will just give a brief outline of the situation. Ex, left me when I was pregnant, and went to live with someone else also pregnant with his child, he then had a 3rd child with this girl. He has now left her and lives with his new girlfriends parents. After months of issues with not paying, I finally am in the process of using the CSA, although nothing has been sorted as yet.

He earns just under £300 a week basic, but does a fair bit of extra hours at the weekend. He also has a cash in hand job working as a door supervisor, where he earns between £80-£150 a week.

Currently, it is only me that has started the CSA process but the other girl (with 2 of his kids) has also said that if I do she will. He currently pays her £70 a week for her 2 children, privately.

So the answers I am needing please
1- does her private agreement affect me if she does not use the CSA? (he pays her in cash, she says as long as she continues to get her money she will leave things as they are , but if my claim affects her then shes going to CSA too)

2- His cash in hand job, could make a huge difference to the amount he has to pay, how do I go about that?

3- If he works overtime each week, does that get counted towards the percentage he has to pay?

I am not out to screw him for every penny I can, but times are hard and I need support for his daughter.
Thanks in advance for any help

kevin137

The short answer as things stand is that with 3 children he should be paying 25%

If his basic £300 a week is take home, and he is paying her £70 a week then that is 20%

If you go to the CSA and she doesn't, then the private has NO effect on the CSA case, that has to be an opened case for it to have a consideration, so you would get 15% of his income until she opens a claim then you will get 8.33%

He cannot have a private case taken into consideration, it MUST go through the CSA to be considered...

As for how much he earns, overtime and cash in hand, that is a whole different ballgame.

You can ask for a reassessment anytime you like, but if you get a DEO against him then he must notify of a change over a certain percentage, and they can and do backdate, if he doesn't have a DEO then there is no legal obligation to notify them, however, the cash in hand job is a slightly different affair, as he HAS to notify them of ALL employment when he is 1st asked for employment details, so this can also be backdated but has to be proven...!

You will need proof of employment, photos that are time and date stamped with GPS location data will prove employment, but are not so easy to get, also FB and comments posts etc, as are emails, start collecting data, and when you feel you have enough contact the CSA again, they will not do this for you...

jules6810

Ok there is some really good information in there. I will look at getting some evidence before I do anything with his cash in hand job. Trouble is he uses a different surname, and he gets away with it. But I think if need be I am up to a bit of stalking with a camera, thanks very much

kevin137

I'm not so sure how he would get away cash in hand for door work nowadays, you have to be licensed to start with, and most bars/clubs are required by licensing to have paperwork for the staff employed through the contract. So if they use a door company, all the staff would still have details held by the licensee...

That is how i understood it anyway, and i know lots of people who do door work and run nightclubs...

I would give the name of the Premises that you believe he is working at, they will or should hand over any paper work they hold as they will not want to have an issue with licensing... And they would still be legally obliged to tell the truth to the CSA, so they may say, he is employed through our door contract and not by us...

Gives you a starting point...

YoungBusinessman

Can still get one or two on the doors on cash only (last minute, private functions, xmas dos etc) at least in Scotland its easy to slip under the radar.

jules6810

His brother owns the company that provides the door staff, he does have licence, but he uses his brothers name to work, although his own badge. How he gets away with it is another story!!
His brother has a different surname to him, but they use the same surname, crazy crafty devils they are.
But I guess there has to be paperwork somewhere to say hes working, I will just give the details and see what comes of it. Thanks

kevin137

I would contemplate HMRC as a starting point, they don't take kindly to this kind of thing, and they know most if not all of the tricks when it comes to door staff...

If they look at his brother they will soon see that he can't work 2 places at the same time...

And if HMRC get hold of it, then the CSA will use there info...

But photos of him working are very hard to get out of...! Regardless of what he says...

The more info you have the better, if you ahd say 6 or 8 weeks of photos, and you can use a phone with GPS for tagging time date location etc then don't give them all over, just a week of photos, and if he says it is a one off, then you can give more weeks, it hangs him out to dry, whereby if you give 6 weeks, then he can say he was covering staff shortage and he is not doing now... You have to be sneaky...!