Child maintenance and the FIU
20 February 2020 at 1:06 pm #36887
Hi there , I’m new to all this and just looking to see if any one has been or is in the same situation as me
3 years ago I contacted cms to help me with my ex. He takes home £700 pw and rents out property on his mortgage free home at around £700 pm. He set up a limited company and is managing director so pays himself £161 pw and haven’t declared the rental income.
CMS advised him to pay me £14 pw on his “income” on paper.
I disputed this and asked for a variation which failed. It’s now in the hands of the FIU who have invited him in for interview to take place in a few weeks time.
im worried now that he is going to get away with this as his partner is an accountant and probably knows all the loopholes. But they’ve been investigating him for 18 months now and should have some concrete evidence as I know they dismiss cases that aren’t likely to succeed.
hes so sly and snakey he will try anything and everything to avoid paying what he should for his child. Has anyone had any success stories re the FIU ? it seems there are thousands of NRP taking this route to avoid paying for their children. Also would the FiU contact relevant dept redgardinf tax avoidance etc.20 February 2020 at 1:36 pm #36889
I am in the same boat. My ex has created a limited company where he has named his girlfriend as a co director with a 51/49 share split. He pays himself a salary of £11750 ( under the tax threshold) and her the same salary, the rest in dividends. She doesn’t work within the business but he says she provides secretarial duties ( she has never been a secretary in her life) however this is a LEGAL tax efficiency. So, when the CMA investigates for an upward variation they fail because according to the HMRC he only makes £11750 a year. They can’t make the co director / girlfriend pay child support because they aren’t her children. Also, he can leave equity in the business and the minute the children turn 18 he can take it out.
You can go on companies house to see details on his company. I wouldn’t be surprised if the accountant girlfriend is on as a co director too.
I would be interested to see what the fraud investigation unit concludes? How did you manage to get them to investigate this? My impression was the CMA can’t do anything because the HMRC tax is correct.
I would love to find out if anyone is lobbying for changes in the way CMA calculates maintenance in these circumstances. I know that they have changed the law so that an ex putting his/her wage ( PAYE) in a partner’s bank account can still be taken for child support, surely this is the same kind of deception?
All the best of luck to you.20 February 2020 at 1:51 pm #36896
Hi, sorry to hear you’re going through the same uphill battle as me!
I just disputed the original figure that the CMS sent through as I know he isn’t declaring the rental income as well as his actual income and wouldn’t let it lie. As the house is registered under his name on the land registry I think they knew they had a case and investigated all of it. They told me he would need to provide receipts for any outgoings from the business account (which he uses for his 5 holidays a year and a new car every year) so I’m hoping they’ll have him this way. He’s taking money out of the business account for reasons not connected to this made up business he’s director for.
yes I’ve found him on companies house and he’s director and his accountant is secretary ?
mad far as I’m aware the FIU have excellent facilities to dig deep on these sort of situations. It’s worth contacting CMS and give them every little detail you can think of to get it taken further. Him agreeing to the interview (which he doesn’t have to attend) makes me think he’s got something up his sleeve ☹️7 February 2021 at 12:01 pm #49206
I’m curious to know what specific investigations FIU carry out. Do the follow the parent, look into their credit reports. Do they look into the bank accounts of their partner who is hiding the income?30 March 2021 at 12:19 pm #52182
Hello, I wondered if you had got anywhere with the FIU? Would love to hear how you got on.
I am in a similar position. My ex husband gave up a decent paid job and went to work for his very wealthy parents 7 years ago – 2 years after we separated and divorced (he had been paying the correct amount according to his salary up until this point as lawyers were involved). He has since claimed to earn only £10k per annum for the past 7 years as a Director in his family business. Claims that his parents “gift” him his house and his expensive car and pay for his holidays etc. He pays a token amount of maintenance, just over what the CMS calculator works out for a £10k salary. I think the time has come to go to the CMS and ask for him to be investigated, but I have heard they are not very efficient in dealing with cases like this which is why i have avoided stressing myself over it . Any tips from your experience? Would be much appreciated.
For context, he moved to the other side of the UK to take up this £10k role, a good 7 hours drive away/a flight and rarely sees his child, a handful of times per year at most. Child now very reluctant to see Dad as do not really know him to be quite frank and have worked out that he lies lies lies! He has made minimal effort at keeping in touch for last 7 years.
Would I be wasting my time going to the CMS if he has his finances wrapped up to show he earns only £10k per year? It would require me to request a FIU, I have no doubt!
Thanks for any help 🙄31 March 2021 at 7:24 pm #52249
Sorry to hear about your situation, I’m in the same boat but mine has been investigated twice. Every time they find the money, he moves it. He’s a managing director of 4 businesses could be more but I have only managed to find the 4. He deals with cash in hand and declares he’s on £15,000 per annum – which is a complete lie. He doesn’t declare his dividends. His girlfriend is also a business partner but he puts all the assets in her name to avoid the tax man and CMS from finding it. They told me they are not allowed to look into her account because they are not married. Hopefully, she’ll run off with all the assets and leave him, teach him a lesson, (or maybe not). His other family members are also happy to hide his assets. He also declares that his family gift him money, plus a £65,000 new car, plus two houses along with 5 luxury holidays. I had to literally spoon feed FIU the evidence and they managed to find the rest but now he’s refusing to pay it and trying to submit false evidence. He has a power team consisting of 2 solicitors, 2 accountants, family members including the mother in law and a business minded girlfriend.
I would say to you still ask for your case to be referred to FIU because eventually, he will slip up sooner or later. Do your research, look at social media, newspaper articles, company house anything within the public domain. Forward what you have to FIU and hopefully it would lead them on to something. My kids still see their dad but sometimes they don’t want to go. It’s entirely up to them as they are okay with seeing him. I never paint a bad picture of him. I think that it is important to maintain a relationship with him. Kids would eventually understand when they are older and would find out for themselves. It’s a shame they do that to the kids. If they don’t want to financially support them there’s not much we can do. Don’t let the stress of CMS take over your emotional well being as you need to remain strong for your children and continue being the wonderful mum that you are.
All the best6 April 2021 at 6:00 pm #52415
Sorry to hear so many are going through this. My case has just been referred to the FIU by the enforcement team. I just wanted to check if the FIU automatically contact the receiving patent prior to investigation as I have lots of information for them that I’m not sure the CMS have or will provide? Does anyone have the FIU email or address please?
Fingers crossed7 April 2021 at 5:30 pm #52472
You would have to leave a message on your online portal and request a call back from them. Hope it all works out for you. Keep us updated.14 April 2021 at 7:48 am #52801
My case is currently with the FIU. My ex isn’t a complex earner, he’s employed ‘part time’ but most definitely receiving cash in hand. My investigator contacts me every few weeks for updates. They are at interview stage with my ex – which I believe he doesn’t have to attend. They’re wanting to ask him how he pays his rent when his current salary doesn’t even cover it!! I hope he’s sweating! As I sure as hell would be!!15 April 2021 at 10:13 pm #52947
Just reading through all the messages. It absolutely sickens me to know that people are able to get away with this.
Im in a similar situation with an ex who disputed everything. We went through paternity testing which proved with out doubt that he was the biological father. CMS calculated that he only had to pay £45 pm which was disgusting then the pandemic hit its nil payment.
He has his own business. Two children from his previous marriage go to private school and he’s changed his car numerous times. Home improvements you name it. When I see him he laughs.
Can I refer the case to the FIU ?18 April 2021 at 12:53 pm #53015
They go to great lengths to hide their income. Lie upon lie, it’s never ending. That’s shocking, how is your ex going to explain that one? Private school, big financial commitment. I wonder who signed the contract for the private school and who’s name is the direct debit in? I wouldn’t be laughing if were him.23 April 2021 at 11:15 pm #53299
Thanks for the response, these are types of questions I will be posing to them. Its really infuriating as he has such a beautiful little girl. Yet he doesn’t care.