What can I do, how long do I wait?

HoneyNutLoop

Nobody has said he isn't working full time. As a director of a limited company, he isn't bound to pay himself min wage, so you can't take income earned as an indication of hours worked. Most (if not all) directors will pay themselves just enough to cover the lower earnings limit for NI, and then everything else in dividends. It's the most tax effective way to be paid.

I ask about the PI, because what you have to prove is income, specifically income being paid to the paying parent and not the company. I strongly doubt that a PI could legally gain the type of evidence CMS would consider in the situation you describe.

There is nothing to stop you applying for both. If you want to apply for mandatory reconsideration, you must do so within the time limit. However, if you have no further info/evidence (and CMS have not made a mistake) then you are unlikely to achieve a different outcome.

You can find copies of the booklets online here:
https://www.gov.uk/government/collections/child-maintenance-service-guidance

mumofronnienreggie

so can i ask for a variation order which, when his book are presented to him at the end of the financial year, will mean that any dividends are taken into consideration? At the moment he is declaring that he isn't drawing ANY salary.. which means he is saying he is surviving on less than £400 a month of his own money ( she has a half decent job but not THAT decent that she can afford to keep him).

Caroline_a

My ex dodged and dived to avoid paying for his daughter. From when she was 9 until leaving education he never paid me a penny. He now has shown his true colours to her by his actions (long story, not overly relevant) now that she is an adult and as part of the conversation she and I had, the lack of maintenance came up - I'd never told her before.

He has no idea what his previous actions have done to her opinion of him - but suffice to say that things will never be the same. She now understands how there were lots of things I had to say that she couldn't have because I couldnt afford it. He has ruined his own life too by ending up being unemployable from giving up too many jobs. So he lives in poverty now in a tiny bedsit, whereas he could have done so much better for himself had he not been so 'dog in a manger' with his money.

Karma.

HoneyNutLoop

On the dividends side of thing, no, you can only apply for a variation to take of dividends actually currently paid. You would have to wait until you know something has been paid.

However, if you have evidence to show that the company could be paying him (i.e. Has suitable profits that are not being retained for a reasonable business reason) then you may have scope to apply for a diversion of income variation.

You need to work out what you actually know that can be backed up by evidence. Assumptions and assertions with no tangible evidence will get you nowhere. If you haven't got sufficient evidence yet, start thinking about what it is within your legal gift to be able to obtain. Do you know what contracts the company has obtained and what those contracts are worth? Do you know what expenses the business could be incurring? It is worth noting, it is common for new businesses not to make a lot, if any profit, in the first year due to set up costs, and needing time to get a steady flow of income coming in. It is also worth noting there is no longer a variation for lifestyle inconsistent.

mumofronnienreggie

Thank you for the advice and info.. its really appreciated. As angry as I am right now ( if my head could spin 360 it would), there is no point wasting energy on that piece of scum. I have shared the information with my children.. in child friendly words.... and I shall continue to do so.... in the mean time I shall focus my energy on my own successes and my children. He will lose them eventually.
When the accounts go in, I shall make a request for the dividends to be accounted for and also use the time to build my evidence if need be.

Crellow4

Don't wait for the accounts to go in - apply for a Variation now. Apply on the basis of Lifestyle Inconsistent and Income not Taken into Account - you've nothing to lose but if you wait to apply for a Variation you may lose months of maintenance.
I would also suggest you pursue the case down the Appeals route.

HoneyNutLoop

Crellow4 wrote: »

Don't wait for the accounts to go in - apply for a Variation now. Apply on the basis of Lifestyle Inconsistent and Income not Taken into Account - you've nothing to lose but if you wait to apply for a Variation you may lose months of maintenance.
I would also suggest you pursue the case down the Appeals route.

She can't, it's a CMS case and those grounds don't exist under 2012 scheme. She can apply for an unearned income variation, as already mentioned, but only for dividends that have already been paid. Or a diversion of income variation.

She also can't appeal until she's been through mandatory reconsideration.

mumofronnienreggie

so should i request the mandatory recon now, regardless of the fact that it wont make a bit of difference.. he obviously isnt drawing a salary because it would have come up with HMRC .

HoneyNutLoop

If you want to appeal, or think you might want to appeal, then you have to go through mandatory reconsideration first. Only you can decide if you want to appeal though.

mumofronnienreggie

i will definitely request that they take into consideration any dividends that i see in the account if there are any .... but i just was unsure if i needed to do the mandatory recon now so that I can then do the variation when they appear if I have to do one before the other.