Can I go through CSA my ex self employed

kevin137

iammumtoone wrote: »

No I am not party to his business accounts, for all I no he may actually declare his cash jobs (I don't have any evidence he doesn't). I have to have dealings with him we have a child together he is controlling and can be nasty. Have you any idea what my life would be like if I reported him to the tax man?

You can do it anonymously, and he could scream and shout all he likes about it was you, he would never know...!!!

iammumtoone

365days wrote: »

Depending on your relationship with NRP and on how much you need the extra money. I would think very long and hard about getting the CSA involved.

I could really do with the extra money otherwise I wouldn't be asking the question but I suppose I will have to manage. It justs that I think it is so unfair he can get away with it especially as he does see his son. I wouldn't mind so much if he didn't give me any more money but paid it direct to my sons needs ie he is now learning to swim its expensive and he wants to play football like his mates (can't afford that as well). He doesn't take him any where when hes see him or spends any money on him, he has no clothes or anything at his house.

Crellow4

The house he lives in would be disregarded. The aggregate value of the remaining assets - house and money must exceed £65k and then he would be deemed to have 8% income from the assets which would be assessed at 15%. You would be expected to supply valuations, the CSA is not empowered to do this. Often Zoopla figures are used. You need to consider how unpleasant your life would be if you take these steps - having your finances picked over by a forensic accountant is not pleasant.

iammumtoone

kevin137 wrote: »

You can do it anonymously, and he could scream and shout all he likes about it was you, he would never know...!!!

But how would that help me or my son, it would make him angry he would be a foul mood which he would probably take out on our son and at the end of the day we would not be any better off for it.

Its not if I even know for a fact that he does do it. I could go through all the stress of it to find out that there is no case to answer.

kevin137

It is no stress, you clearly make an accusation that his lifestyle is inconsistent with his means, and let them get on and do either nothing or something...

If it is investigated and he gets angry at you, simply ask for a reassessment from the CSA, if his income has been looked at and was deemed to be not what he actually was earning, they WILL go back and reassess accordingly leaving him with a debt to you...

If they do nothing or find nothing, then it will stay the same...

Why should you be scared of him...

If he makes threats simply state you will not put up with bullying and call the police...

Men like this have no right to treat anyone like that...!!!

iammumtoone

kevin137 wrote: »

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If they do nothing or find nothing, then it will stay the same...

It wont stay the same as if he suspects me of doing anything like this then he will stop paying me. I will then have no choice but to go through CSA and eventually will prob get something but what am I suppose to do in the meantime? Someone above said it took 12 years to get something from a self employed person :eek:

I think I will leave it for now but bide my time I won't always be in this financial position at some point the little he does give me will not be worth as much to me as it is now. It is then I will re-consider.

365days

iammumtoone wrote: »

It wont stay the same as if he suspects me of doing anything like this then he will stop paying me. I will then have no choice but to go through CSA and eventually will prob get something but what am I suppose to do in the meantime? Someone above said it took 12 years to get something from a self employed person :eek:

I think I will leave it for now but bide my time I won't always be in this financial position at some point the little he does give me will not be worth as much to me as it is now. It is then I will re-consider.

I think this is wise. If you google CSA/self employed you will see loads and loads of ways to 'get out of it'. And stories from PWC's pulling their hair out. As soon as I mentioned the immortal words 'self employed' to the CSA there was always an audible sigh!

You can always change your mind at a later date!

PreludeForTimeFeelers

365days wrote: »

I think this is wise. If you google CSA/self employed you will see loads and loads of ways to 'get out of it'. And stories from PWC's pulling their hair out. As soon as I mentioned the immortal words 'self employed' to the CSA there was always an audible sigh!

You can always change your mind at a later date!

I worked on Self-Employed assessments, and at times they were a right nightmare.

kevin137

Do you think that he has been honest with HMRC...???

Prelude or someone else will be able to confirm how they do it, but i think it is on last years accounts, so they will use that for the next year, so it would be next year that it would be reduced if he started to fiddle the books after you claimed...

How would he react if you simply stated, that you want a fair and just payment in line with what the CSA would assess at, and see how he reacts...

Try explaining how they work this out, and what it would mean, and that you don;t want to crucify him, but they would use accounts already on record to make the assessment and that you would expect an adult conversation in the meantime to try and come to a reasonable compromise...

Just an idea that may be more constructive than actually going to the CSA.

I understand not being in a position to cope without even a small payment when bringing up children, but you still have to do what is best for you and yours, and this may be a good compromise in the meantime.

As a side note, as soon as they contact him the liability starts, even if it takes a while to get the payment, it would be due from when they have the address and send him the 1st letter...

HoneyNutLoop

iammumtoone wrote: »

I know he will not pay me any more if I just ask but is the above information (especially about assets) written down anywhere that I could show him. He certainly won't want anyone poking their noses into his money so if I could prove I would get it he might just pay me a bit more.

This booklet is all about how the CSA currently work out child maintenance:
http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@benefits/documents/digitalasset/dg_198849.pdf

- pg29 talks briefly about assets within the variation section. It's also worth mentioning that the £65k is the value of the assets needed after the deduction of any outstanding mortgage - I.e the equity in the property, not the headline value.

As you may not be contacting the CSA until some time in the future, it's probably also worth looking at this booklet about how maintenance is worked out on CSA3:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/85746/how-we-work-out-child-maintenance.pdf

Page 35 talks about the 3 types of variation you can apply for under CS3 and you'll see assets is no longer included. Instead you'd be looking at the unearned income variation, to take account of his rental profits so long as they exceed £2,500 per year.