Variation success-what now!

evie451

My ex who owns his own company got his assessment halved in Sept 2011 from £430 a month to £196. I was rather annoyed at this to say the least because he has admitted to our son he just makes the payslips up to an amount he feels he wants to pay.

I wrote a letter asking for a variation providing information on his outgoings as stated to me through his lawyer and latest company accts. as available at companies house although they were the previous year. I didnt hold my breath and didnt hear anything for months I queried it in mid 2012 after his new payment scheme got erratic, then again recently once it had hit the 2 year mark...but again not expecting much. I was told I needed to fill in the variation form and provide more evidence which I got round to doing the other day.......anyway went home last night to discover 2 of the dreaded CSA brown envelopes to tell me that they have agreed the variation and put his assessment up to £705 a month backdated......

To say you could have knocked me down with a feather is an understatement so I called them....they are a bit restricted in what they can tell you but they based the new calc on my information and information from the Special investigation team (a new one on me)..last time his assessment was that high it took 2 different Liability orders and 18mths to get any money out of him and I have little doubt it will be the same this time but what a turn up! I am truly shocked and had to share....I dont know what come back he has on the backdated calculation? they said he didnt send them any more information after they requested a reply to the variation stuff I sent in in 2011 so has that lapsed? I know he could come back next week and request a recalculation but its nice to have the letter from them saying he should pay me nearly 2k a month for the next year to clear his arrears......:eek: dont feel too bad for him though the last company accts he submitted recently show the companies assets in cash as 1.1 million pounds....

nicky3

If it is his own company, it is his own asset, so he is worth at least 1.1m, and they would calculate that he makes 8% income from this - whether he does or not. If anything, at 705 a month, they might have under calculated, but congratulations, it sounds like justice has, at least in some way, been done. He probably was offered the right to appeal, but there would be a time limit to this, and the reality is, with a business sitting on cash of 1.1million, he is unlikely to win. He can of course re-direct those funds for the future, i.e. spend them on himself/his domestic property, and possibly his pension (it used to be excluded from variations - not sure if it still is).

nicky3

he has no comeback on the backdated calculation by the way! it is from the date you request it.

Crellow4

nicky3 wrote: »

If it is his own company, it is his own asset, so he is worth at least 1.1m, and they would calculate that he makes 8% income from this - whether he does or not. If anything, at 705 a month, they might have under calculated, but congratulations, it sounds like justice has, at least in some way, been done. He probably was offered the right to appeal, but there would be a time limit to this, and the reality is, with a business sitting on cash of 1.1million, he is unlikely to win. He can of course re-direct those funds for the future, i.e. spend them on himself/his domestic property, and possibly his pension (it used to be excluded from variations - not sure if it still is).

This is not the case. A Variation for Assets can not be awarded for the value of the Company. It can however be awarded for retained profit (Diversion of Income) and Dividends (Income not taken into account).

evie451

thanks for the replies, I was just so surprised.......I was told before that I was only successful in the variation I got in 2008 because I had full accounts but it sounds like the CSA have had other information from this special investigation team and have made a determination to increase the payments.....hopefully this is a bit of a breakthrough in assessing NRP's like my ex?!

I was fine with the £430 he was giving me originally even though that was half what he was originally assessed at in 2008 but getting it halved again was beyond what I could put up with....its just unfortunate that it will be another battle to get him to pay it because its been backdated so far.........tbh thats not the only reason he wont pay it hes one of those
I want to pay it directly to the kids (not really sensible to have to ask kid for money to pay electricity bill..)
I hate dealing with the CSA (if you paid on time and were compliant you would have less to do with them)
I want a statement of account (because I confused myself with overpaying and underpaying) etc etc...