How do i prove my childs dads income for child maintenance

sarah270

Hi, my husband and I split back in November and he didnt pay me a penny so I decided to get payment through the child maintenance service for his son. They decided to award me £14.30 a week based on my husbands income of £142.92 which was what he was earning in 2012. (they get their figures from the inland revenue)

We ran a business together and back in 2012 he was only earning £600 a month but in 2013 he was earning £1000 most months and now he is earning at least £1500 a month.

I rang the maintenance and they said if i could get his P60 for 2013 - 2014 they would use that but he refused to give me it. I rang them back and they said that they actually do have that figure from the inland revenue but the increase has to be at least 25% from the original figures so the first payment arranged still stands (even though it was their error). I explained that he is now earning much more then that but they said I have to prove it but how?

His figures for 2014 - 2015 will be going in in April this year but the maintenance said it wont be reviewed until March next year so I am going to miss out on a year of extra money off him until it is reviewed. I also know that he is going to start to take dividends out of the company and less wages (so he has to pay me even less) but again I have to prove his dividends to the maintenance for me to get anything. Its all wrong if you ask me. Legally he should inform the Maintenance if his wages are 25% more and they are much more than 25% so surely he is breaking the law but they wont phone him to ask him, he has to declare it himself. I dont know where to turn with this and would appreciate any help.

MataNui

He should inform them. That is correct, but you cant force him to tell you how much he earns and unless you want to hire an investigator nobody is going to tell you. CSA have obviously changed the way they work. All it took for them to demand 100% of my net income a month was a single phone call (going back about 15 years now) from a very bitter ex. Nothing would convince them she had lied. P60, payslips, letter from my employers management accounts team. Nothing was acceptable as proof of my income but they accepted a single phone call from her with a completely made up figure.

I think there is something you can do though. If you wait until after his new figures in April then request a new calculation they should do it. They are saying next March because that is when it will be normally reviewed. I bet if the current figures they had when you recently called them were up over 25% they would have done a new calculation straight away.

MataNui

Oops, I didn't read it all. I hadn't realised he had his own limited company. that really changes things.

CSA will only have access to his 'personal' tax details from HMRC (so paye and his directors self assessment). Even then i am not sure if they get detail or just a taxable income figure and that matters. Dividends for example (unless he goes over the higher rate threshold) are not taxable, nor are any mileage claims etc although they will be on his self assessment form. So i dont know what figure CSA would get.

Also if he wanted to be obstructive he could pay himself virtually nothing in terms of both salary and dividends (just enough to live on) and save the rest in the company until his liability ends. He could in theory earn 100k per year (or his company earns that) but only pay himself 10K per year. CSA would only know about the 10k and legally his only liability would be for the 10K. There is no way on this planet either you or CSA could access that other 90k. Its protected by laws beyond what CSA can do (and i know they can do a lot).

In this case you may as well forget about getting anything from CSA. Its just not going to happen (unless he wants it to) and thats 100% legal and in a way fair. Your best bet is to come to some kind of arrangement with him. If his money is in a limited company then there is nothing you, the CSA or any solicitor or anyone else is going to be able to do for you.

sarah270

Yes he does have a limited company for which I am a shareholder of which means I can get access to what his dividends are and hopefully his earnings too.
The thing is he isnt informing them that he is earning a lot more than he has declared so surely he is breaking the law?
Im going to make an appointment at the citizens advice

MataNui

Yes, he is.
Then you are in a reasonable position. H wont be able to pay himself dividends without paying you also (although i dont know about the share split). So he isnt going to be able to get out of things so easy.