MY EX HAS LIED IN HER AFFIDAVIT ABOUT HER INCOME - HOW TO PROCEED?

tightauldgit

NotaBene12 said:

@tightauldgit

She filed in court as she seeks not just higher maintenance but also a residence order. The previous residence order of the foreign court stipulated that the residence of our son is in that other country. She seeks to overturn it. I find I have little chance in stopping her doing this but I would, at least, seek some sort of shared residence (e.g. my son spending his out-of-school time with me abroad).

The thing is if she filed in court as part of the child arrangements order then they will simply say - child maintenance is the remit of the CMS please contact them regarding maintenance. If and when she does go to CMS it's a fixed calculation based on a set percentage of your income, number of days spent with each parent and any other dependents that you may have. Nothing at all to do with her income. Do the calculation and see what you would owe.

With regards child arrangements given that you consented to the child moving to the UK its unlikely a court would reverse that decision as its a big upheaval for all concerned, although you can certainly argue it was only supposed to be temporary and that you want to continue your relationship with your child and therefore seek reasonable shared residence. Do please consider what your child would want though, changing countries is a big thing for a child.

superstylin

NotaBene12 said:

@superstylin This is BS. She cannot deprive me of the opportunity to see my son - it would be against the law. Also, she cannot hold me responsible for exposing that *she lied under oath*. If you don't want to get exposed and harm your career just don't lie - or, at least, don't lie under oath.

In any case, if, indeed, a perjury is proven it may not harm her career in the UK for too long as in her case it would be just a fine. AFAIK, this won't stay in the DBS certificate for more than 1 year. However, this would force her to go back to the country where we used to live and where she has properties (so won't need to pay rent in the UK). And there she can pursue a career - and she was successful in it as her last salary was 2 times higher than the average salary for that country. So, no, she won't experience lasting harm from this.

Of course she can deprive you of the opportunity to see your son. You've already told us she's removed him to another country for longer than you discussed, and that she cancels or changes arrangements last minute, thereby limiting your time with him. There is no law against this (even though it's reprehensible) unless you have a child arrangements order which it appears your ex has applied for.

As part of this application you will be spoken to where you can make your case for your access. You can also advise them that she has not fully informed them of her income, but this is unlikely to affect the outcome of the arrangements order. And it certainly won't affect the Child Maintenance as that concerns your income, not hers. 

 

TBagpuss

tightauldgit said:

NotaBene12 said:

@tightauldgit

She filed in court as she seeks not just higher maintenance but also a residence order. The previous residence order of the foreign court stipulated that the residence of our son is in that other country. She seeks to overturn it. I find I have little chance in stopping her doing this but I would, at least, seek some sort of shared residence (e.g. my son spending his out-of-school time with me abroad).

The thing is if she filed in court as part of the child arrangements order then they will simply say - child maintenance is the remit of the CMS please contact them regarding maintenance. If and when she does go to CMS it's a fixed calculation based on a set percentage of your income, number of days spent with each parent and any other dependents that you may have. Nothing at all to do with her income. Do the calculation and see what you would owe.

With regards child arrangements given that you consented to the child moving to the UK its unlikely a court would reverse that decision as its a big upheaval for all concerned, although you can certainly argue it was only supposed to be temporary and that you want to continue your relationship with your child and therefore seek reasonable shared residence. Do please consider what your child would want though, changing countries is a big thing for a child.

No, CMS doesn't generally have jurisdiction over a parent who lives overseas, (there are exceptions where the overseas parent is employed by a UK company, in the diplomatice service  or serving in the armed forces, for example) but the courts do have jurisdiction to deal with child support where the CMS doesn't apply. It sounds as though NotaBEne12 lives outside the UK so the court rather than the CMS would have jurisdiction, although the the court is likelyto have refernece to the CMS calculation when assessing maintenance , as well as looking at the parents resources.

OP, even if your ex is found to have lied or been dishonest in her affidavit, that wouldn't necessarily mean that she would be prosecuted for perjury, and a finding made ahgaisnt her in civil proceedings would not show up on a DBS. 
While not impossible, I think it is unlikely that any action would be taken against her for perjury on a criminal basis.

That said, if you want to prove she has the additional income you would provide whatever evidence you have - e.g. set out the property details in you statement, ith any evidence such as copies of thetitle register / deeds / et that you have , and at any hearing, you or your representative can question her about it. 

gwynlas

Even if you were to report her for undeclared income that might cause her to lose her career there would not be any certainty tat she would return to previous country. She might take the view that both she and your child are settled in the UK and that it would be harmful to your childs prospects to move. You would be better off accepting that her income allows your child to engage in life in the UK and arrange to visit as often as possible during school holidays.

tightauldgit

TBagpuss said:

tightauldgit said:

NotaBene12 said:

@tightauldgit

She filed in court as she seeks not just higher maintenance but also a residence order. The previous residence order of the foreign court stipulated that the residence of our son is in that other country. She seeks to overturn it. I find I have little chance in stopping her doing this but I would, at least, seek some sort of shared residence (e.g. my son spending his out-of-school time with me abroad).

The thing is if she filed in court as part of the child arrangements order then they will simply say - child maintenance is the remit of the CMS please contact them regarding maintenance. If and when she does go to CMS it's a fixed calculation based on a set percentage of your income, number of days spent with each parent and any other dependents that you may have. Nothing at all to do with her income. Do the calculation and see what you would owe.

With regards child arrangements given that you consented to the child moving to the UK its unlikely a court would reverse that decision as its a big upheaval for all concerned, although you can certainly argue it was only supposed to be temporary and that you want to continue your relationship with your child and therefore seek reasonable shared residence. Do please consider what your child would want though, changing countries is a big thing for a child.

No, CMS doesn't generally have jurisdiction over a parent who lives overseas,

Technically neither does a UK court. But I take your point. I thought the process was to get a CMS award and then seek enforcement but it seems that a court order is the way to do it but still needs to be enforced in the OP's country. 

Now of course we get into the question as to whether the OP lives in a REMO country or whether any UK court order is going to be toilet paper anyway.