Newly self employed - CMS wont recognise any earnings

kellcras

Hi, I am hoping someone can help. My ex was unemployed claiming benefits for a couple of years after leaving a full time job.
I have the kids full time, and work full time myself. He has them on the agreed dates with no issues. In March he started working as a taxi driver and is self employed via a taxi company. He told me his monthly earnings but refused to pay as he needed the money for himself.
I did my CMS claim but they have rejected it saying he earns nothing as he he has not put in a tax return with HMRC, and the CMS wont/dont check with his employer- which I give them.
Am I right in thinking that he will put in a Tax return in January 2025, for Jan-April 2024s work, and I will get a very small payment based on those 5 or 6 weeks worth of work in 2024, then it wont be till January 2026's Tax Return (if he is still working) before I actually get a normal payment for April 2024 to March 2025's work? How is this fair when he is working full time earning more than me, but paying nothing? I now expected to wait nearly 2 years for money when he is working full time?
Is this how the system actually works? It really is screwing over mums  
Please can someone help as I want to challenge this the right way. Thank you in advance. 

MrsR1234

Its likely that they will not be required by HMRC to submit a self assesment until January 2026. This will then cover march24-april25. 

They can't reject your claim because he earns nothing, do you mean they rejected your request to look at his income? 

What is likely to have happened is that HMRc holds £0 as he has been unemployed for the last few years. As a newly self employed person he would need to provide a profit and loss accounts, and this can be used to base a calculation on. If he doesn't provide this, then they will have to use the HMRC figure, which in your scenario is £0 (had he have been employed previously, HMRC would not be a £0 and would be used)

You need to request a Mandatory Reconsideration on the decision to set at £0 calculation and then if that is refused take that via the appeals process to HMCTS