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Self employed and refusing to pay
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newusername01
Posts: 3 Newbie
basically I've had to re register as the ex knows my other user name, just incase he goes snooping.
My ex is self employed has been for more than 2 years and has constantly denied this to the CSA who've taken this as face value.
They have actually decided to do a national insurance trace this week, which they've informed me could take 3 weeks to come back. In this time he has admitted to working to the CSA, but they have also informed me they have him down as also admitting to been self employed, way back at the beginning of last year. They told me otherwise.
He won't supply bank details to make payments, he currently has arrears, and has also changed telling the CSA from I'm self employed to a family member employs me. They now need to speak to this member of family now who's not co operating.
What should I be pushing for, other than this NI check thing, I've had a phone call to say this has definitely started, had to phone them twice for it to be done.
I just honestly don't have a clue what I should be pushing for, and even whether or not I should be raising a complaint as they have him listed as been self employed 18 months ago just didn't look into it then. I guess on some levels I've been rather naïve in some aspect of not phoning them every week.
Hope someone can help me get my head around the system!
Thanks
My ex is self employed has been for more than 2 years and has constantly denied this to the CSA who've taken this as face value.
They have actually decided to do a national insurance trace this week, which they've informed me could take 3 weeks to come back. In this time he has admitted to working to the CSA, but they have also informed me they have him down as also admitting to been self employed, way back at the beginning of last year. They told me otherwise.
He won't supply bank details to make payments, he currently has arrears, and has also changed telling the CSA from I'm self employed to a family member employs me. They now need to speak to this member of family now who's not co operating.
What should I be pushing for, other than this NI check thing, I've had a phone call to say this has definitely started, had to phone them twice for it to be done.
I just honestly don't have a clue what I should be pushing for, and even whether or not I should be raising a complaint as they have him listed as been self employed 18 months ago just didn't look into it then. I guess on some levels I've been rather naïve in some aspect of not phoning them every week.
Hope someone can help me get my head around the system!
Thanks
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Comments
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Self employed NRP's are hard to get any money out of so anything you get is better than nothing and all it comes down to in the end is morals..
Legally he can say is he earns almost nothing and the percentage of that is whatever it is...i.e almost nothing.
Hopefully the NI trace shows he's been earning something as an employee and you can get them to base CSA payments based on that figure...and backdate it. CSA generally are hopeless with NRP's that are self employed showing NIL profit and minimal wages...an NI trace will show he earns almost nothing if he and his accountant have set it up to show that.
I must add my disclaimer this is my opinion....and not actual facts. You could push for living beyond means. If he says he's earning £150 a week to minimize his NI contributions yet appears to be spending a whole lot more then you should push as hard as you can to get a variation to increase the amount of CSA you should get for the child/children you had together.:footie:Regular savers earn 6% interest (HSBC, First Direct, M&S)
Loans cost 2.9% per year (Nationwide) = FREE money.
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I suggest you apply for a Variation on the grounds of Diversion of Income and Lifestyle Inconsistent. It may also be worth asking if he's receiving any Tax Credits. This would invalidate the Variation application but might source a verifiable income. You also need to use your appeal rights in order to get your case looked at by an independent tribunal - this is a protracted route but as you're currently receiving nothing you have nothing to lose!0
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If he's working for a family member is he a duisguised employee, and not really self employed at all. (Search IR35 on HMRC website) or is he really a partner, but the other partner takes the tax hit, and pays him cash ?0
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I'm not sure what his actual status on how he is employed is. I do know he has now admitted been employed by the said company, but refuses to give a start date of when from. CSA already have him admitting he is self employed from the beginning of last year.
Thank you for giving me some things to look into, I'm currently on a nil assessment as the CSA have only just decided to look into this actual line of work, and he quit his full time job 4 months ago.
Wouldn't mind but he still sees the children just doesn't provide anything they actually need, he's happy to play the fun parent spoiling them with toys though!0 -
newusername01 wrote: »I'm not sure what his actual status on how he is employed is. I do know he has now admitted been employed by the said company, but refuses to give a start date of when from. CSA already have him admitting he is self employed from the beginning of last year.
Thank you for giving me some things to look into, I'm currently on a nil assessment as the CSA have only just decided to look into this actual line of work, and he quit his full time job 4 months ago.
Wouldn't mind but he still sees the children just doesn't provide anything they actually need, he's happy to play the fun parent spoiling them with toys though!:footie:Regular savers earn 6% interest (HSBC, First Direct, M&S)
Loans cost 2.9% per year (Nationwide) = FREE money.
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He only buys toys and days out to fun places. He won't buy them clothes uniform or anything like that or have them over night in his four bedroomed home, people say the kids will realise that, but that day seems far off!
Atleast they both get lots of toys
I think I was told when I last phones to wait for the national insurance check results before we went further. I'll phone and see if they can do a variation before the results0 -
Even once he has supplied his income details and the csa have worked out an amount he should pay how will they enforce this??:o0
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They will apply for a Liability Order to give the debt legal standing. This then opens the route for Deduction Orders, Baliff action, Commital proceedings etc. Some parents NEVER pay - please be prepared for this.0
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