Help with Child Maintenance Service (CSA)

Help with Child Maintenance Service (CSA)

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Discussion

Deangtv

Original Poster:

747 posts

221 months

Wednesday 18th October 2017
quotequote all
Need a little man advice here from anyone in the know or has been in the same situation.

The wife was previously married and had two kids with her first husband.
I took them on when they were 2 & 4 and are now 13 & 15. After many years of him constantly dropping her agreed maintenance to pretty much £200 a month, she has final hit rock bottom with the whole episode and stresses her out immensely. She is considering going to the CMS for them to sort out the issue. Problem is he is self-employed through his own limited company, pays himself min wage and I assume takes the rest as a dividend. Last year’s account were filed as £65k.

The wife is worried that if she went down the CMS route she will get a % of sweet FA that he pays himself. Will this be the case or does the CMS look into this kind of scenario a little deeper. The fact he plaids poverty, pays minimum yet lives a lifestyle that wouldn’t be funded my his £12k salary is frankly taking the piss out of the wife and his kids which he never sees.

I have a daughter from a previous and on a salary than less than that I pay £500 a month.

SantaBarbara

3,244 posts

109 months

Wednesday 18th October 2017
quotequote all
It may be worth considering that the two children could ask a solicitor to make a request to their father for an allowance of sir own.

solo2

861 posts

148 months

Wednesday 18th October 2017
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OP, if he's anything like my ExH it's just not worth the stress and solicitor fees to hear lie after lie after lie. The kids will know who they can rely on and who they cannot.

Wrong I know but I believe in karma and will enjoy it when it finally catches up on him. hehe

PurpleMoonlight

22,362 posts

158 months

Wednesday 18th October 2017
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What does the £65,000 relate to?

Companies House only record a balance sheet, not salaries or dividends paid.

750turbo

6,164 posts

225 months

Wednesday 18th October 2017
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SantaBarbara said:
It may be worth considering that the two children could ask a solicitor to make a request to their father for an allowance of sir own.
Alexa -- OFF

JulianPH

9,918 posts

115 months

Friday 20th October 2017
quotequote all
Deangtv said:
Need a little man advice here from anyone in the know or has been in the same situation.

The wife is worried that if she went down the CMS route she will get a % of sweet FA that he pays himself. Will this be the case or does the CMS look into this kind of scenario a little deeper. The fact he plaids poverty, pays minimum yet lives a lifestyle that wouldn’t be funded my his £12k salary is frankly taking the piss out of the wife and his kids which he never sees.
This is quite common. Whilst dividend income is not initially used in the calculation your wife can apply for a variation to have this income included. The CSA will do this providing the dividend income is over £2,500 a year.

So the short answer is for her to go straight to the CSA and ask for this variation - and do not delay in this.

Edited from CMS to CSA


Edited by JulianPH on Sunday 22 October 18:00