Husband's Employment & Maintenance Payments 14 April at 2:22PM in Child support 8 replies 475 views

carly_8889

Hi all

My sister left her husband at the end of November last year. He has paid her £50 cash in child maintenance in the last 5 months. He chucked it on the floor for her to pick up, pretty much sums the guy up. She hasn't had anything since.

She is still trying to hash out some kind of financial settlement with him, he is currently having none of it. He thinks that the whole thing is there to set him up on his own for a fresh start as opposed to make sure his two sons are taken care of for the next 17 years of their lives.

She keeps being told that she can expect Child Maintenance legally as part of all this. He will have the boys two weekends a month absolute maximum once she moves, if he even bothers to do that. The issue we have is we don't even know where he works or how much he earns. Last time it was discussed he was working in a local pub, cash in hand under the table of course. We're not even entirely convinced that this is still the case, however he keeps turning up in new clothes, with new tattoos and has got a new gym membership and gets testosterone injections from somewhere.

How do you even go about trying to figure out this pretty key info to start a CMS calculation? She has tried asking, but is just accused of being a manipulative control freak. 

Bradden

I believe she can start a maintenance pending suit to seek ongoing payments until separation is agreed. Have you considered this option?.

tightauldgit

carly_8889 said:

Hi all

My sister left her husband at the end of November last year. He has paid her £50 cash in child maintenance in the last 5 months. He chucked it on the floor for her to pick up, pretty much sums the guy up. She hasn't had anything since.

She is still trying to hash out some kind of financial settlement with him, he is currently having none of it. He thinks that the whole thing is there to set him up on his own for a fresh start as opposed to make sure his two sons are taken care of for the next 17 years of their lives.

She keeps being told that she can expect Child Maintenance legally as part of all this. He will have the boys two weekends a month absolute maximum once she moves, if he even bothers to do that. The issue we have is we don't even know where he works or how much he earns. Last time it was discussed he was working in a local pub, cash in hand under the table of course. We're not even entirely convinced that this is still the case, however he keeps turning up in new clothes, with new tattoos and has got a new gym membership and gets testosterone injections from somewhere.

How do you even go about trying to figure out this pretty key info to start a CMS calculation? She has tried asking, but is just accused of being a manipulative control freak. 

It's not the job of the claiming parent to work out where he works or how much he earns. You just submit a claim to CMS based on the information you have and then he will have to provide his employment information or they will go off what HMRC hold for him. 

If the information he provides doesnt match what appearances would suggest you can appeal. 

carly_8889

Bradden said:

I believe she can start a maintenance pending suit to seek ongoing payments until separation is agreed. Have you considered this option?.

Thank you, no I don't know anything about this so will certainly investigate.

carly_8889

tightauldgit said:

carly_8889 said:

Hi all

My sister left her husband at the end of November last year. He has paid her £50 cash in child maintenance in the last 5 months. He chucked it on the floor for her to pick up, pretty much sums the guy up. She hasn't had anything since.

She is still trying to hash out some kind of financial settlement with him, he is currently having none of it. He thinks that the whole thing is there to set him up on his own for a fresh start as opposed to make sure his two sons are taken care of for the next 17 years of their lives.

She keeps being told that she can expect Child Maintenance legally as part of all this. He will have the boys two weekends a month absolute maximum once she moves, if he even bothers to do that. The issue we have is we don't even know where he works or how much he earns. Last time it was discussed he was working in a local pub, cash in hand under the table of course. We're not even entirely convinced that this is still the case, however he keeps turning up in new clothes, with new tattoos and has got a new gym membership and gets testosterone injections from somewhere.

How do you even go about trying to figure out this pretty key info to start a CMS calculation? She has tried asking, but is just accused of being a manipulative control freak. 

It's not the job of the claiming parent to work out where he works or how much he earns. You just submit a claim to CMS based on the information you have and then he will have to provide his employment information or they will go off what HMRC hold for him. 

If the information he provides doesnt match what appearances would suggest you can appeal. 

Well that is good news as we have zero information. I would be shocked in HMRC have any information for him though. 

tightauldgit

carly_8889 said:

tightauldgit said:

carly_8889 said:

Hi all

My sister left her husband at the end of November last year. He has paid her £50 cash in child maintenance in the last 5 months. He chucked it on the floor for her to pick up, pretty much sums the guy up. She hasn't had anything since.

She is still trying to hash out some kind of financial settlement with him, he is currently having none of it. He thinks that the whole thing is there to set him up on his own for a fresh start as opposed to make sure his two sons are taken care of for the next 17 years of their lives.

She keeps being told that she can expect Child Maintenance legally as part of all this. He will have the boys two weekends a month absolute maximum once she moves, if he even bothers to do that. The issue we have is we don't even know where he works or how much he earns. Last time it was discussed he was working in a local pub, cash in hand under the table of course. We're not even entirely convinced that this is still the case, however he keeps turning up in new clothes, with new tattoos and has got a new gym membership and gets testosterone injections from somewhere.

How do you even go about trying to figure out this pretty key info to start a CMS calculation? She has tried asking, but is just accused of being a manipulative control freak. 

It's not the job of the claiming parent to work out where he works or how much he earns. You just submit a claim to CMS based on the information you have and then he will have to provide his employment information or they will go off what HMRC hold for him. 

If the information he provides doesnt match what appearances would suggest you can appeal. 

Well that is good news as we have zero information. I would be shocked in HMRC have any information for him though. 

Is he claiming means tested benefits? If so the amount will be capped at £7 a week (from memory)

If you are fairly sure he's working and not declaring income then you can keep challenging the decisions until it gets to a tribunal where he would have to disclose his bank statements and other financials. They are reasonably thorough but obviously it's not foolproof if people are determined to go under the radar. 

If he claims not to have work and not claiming benefits then there's an obvious question to be asked about how he is supporting himself and his lifestyle. 

Just put a claim in today and get the ball rolling. You have zero to lose.

carly_8889

tightauldgit said:

carly_8889 said:

tightauldgit said:

carly_8889 said:

Hi all

My sister left her husband at the end of November last year. He has paid her £50 cash in child maintenance in the last 5 months. He chucked it on the floor for her to pick up, pretty much sums the guy up. She hasn't had anything since.

She is still trying to hash out some kind of financial settlement with him, he is currently having none of it. He thinks that the whole thing is there to set him up on his own for a fresh start as opposed to make sure his two sons are taken care of for the next 17 years of their lives.

She keeps being told that she can expect Child Maintenance legally as part of all this. He will have the boys two weekends a month absolute maximum once she moves, if he even bothers to do that. The issue we have is we don't even know where he works or how much he earns. Last time it was discussed he was working in a local pub, cash in hand under the table of course. We're not even entirely convinced that this is still the case, however he keeps turning up in new clothes, with new tattoos and has got a new gym membership and gets testosterone injections from somewhere.

How do you even go about trying to figure out this pretty key info to start a CMS calculation? She has tried asking, but is just accused of being a manipulative control freak. 

It's not the job of the claiming parent to work out where he works or how much he earns. You just submit a claim to CMS based on the information you have and then he will have to provide his employment information or they will go off what HMRC hold for him. 

If the information he provides doesnt match what appearances would suggest you can appeal. 

Well that is good news as we have zero information. I would be shocked in HMRC have any information for him though. 

Is he claiming means tested benefits? If so the amount will be capped at £7 a week (from memory)

If you are fairly sure he's working and not declaring income then you can keep challenging the decisions until it gets to a tribunal where he would have to disclose his bank statements and other financials. They are reasonably thorough but obviously it's not foolproof if people are determined to go under the radar. 

If he claims not to have work and not claiming benefits then there's an obvious question to be asked about how he is supporting himself and his lifestyle. 

Just put a claim in today and get the ball rolling. You have zero to lose.

I don't think he is claiming anything. Trust me he tried but I think without the boys he wasn't entitled to anything. That was the first time he got angry.

He is definitely working, he has two "business" pages up and running that we are currently blocked from seeing but other people we know keep us updated on. He is going to stalls and selling jewellery for sure so just need to be able to prove it.

tightauldgit

carly_8889 said:

tightauldgit said:

carly_8889 said:

tightauldgit said:

carly_8889 said:

Hi all

My sister left her husband at the end of November last year. He has paid her £50 cash in child maintenance in the last 5 months. He chucked it on the floor for her to pick up, pretty much sums the guy up. She hasn't had anything since.

She is still trying to hash out some kind of financial settlement with him, he is currently having none of it. He thinks that the whole thing is there to set him up on his own for a fresh start as opposed to make sure his two sons are taken care of for the next 17 years of their lives.

She keeps being told that she can expect Child Maintenance legally as part of all this. He will have the boys two weekends a month absolute maximum once she moves, if he even bothers to do that. The issue we have is we don't even know where he works or how much he earns. Last time it was discussed he was working in a local pub, cash in hand under the table of course. We're not even entirely convinced that this is still the case, however he keeps turning up in new clothes, with new tattoos and has got a new gym membership and gets testosterone injections from somewhere.

How do you even go about trying to figure out this pretty key info to start a CMS calculation? She has tried asking, but is just accused of being a manipulative control freak. 

It's not the job of the claiming parent to work out where he works or how much he earns. You just submit a claim to CMS based on the information you have and then he will have to provide his employment information or they will go off what HMRC hold for him. 

If the information he provides doesnt match what appearances would suggest you can appeal. 

Well that is good news as we have zero information. I would be shocked in HMRC have any information for him though. 

Is he claiming means tested benefits? If so the amount will be capped at £7 a week (from memory)

If you are fairly sure he's working and not declaring income then you can keep challenging the decisions until it gets to a tribunal where he would have to disclose his bank statements and other financials. They are reasonably thorough but obviously it's not foolproof if people are determined to go under the radar. 

If he claims not to have work and not claiming benefits then there's an obvious question to be asked about how he is supporting himself and his lifestyle. 

Just put a claim in today and get the ball rolling. You have zero to lose.

I don't think he is claiming anything. Trust me he tried but I think without the boys he wasn't entitled to anything. That was the first time he got angry.

He is definitely working, he has two "business" pages up and running that we are currently blocked from seeing but other people we know keep us updated on. He is going to stalls and selling jewellery for sure so just need to be able to prove it.

You don't need to be able to prove it to put in a claim. The first round will be a paperwork exercise. So put your claim in now and then keep gathering evidence for a future appeal. 

If he's saying he has no income and isn't claiming benefits then the onus will be on him to explain how he is supporting himself. 

ZaSa1418

Tell your sister to go straight to the CMS.