Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Another letter today, yet more directions from the judge, 14 days to reply. Now wants 1. the partnership tax return which contains all the information concerning the partnership as a whole and all the partners for the tax year ended 5th April 2012, 2013 and 2014.2 Full details of the admission of my wife to the partnership to include the date of admission and details of any consideration paid and 3 a copy of the partnership agreement before and after the admission of my wife. Sent copy to accountant will post more tomorrow.

[nanna58]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Good luck. Son has found CSA unhelpful been 7 yrs since the "mom" left him with twins not one penny in all that time.Now that she is working they want him to pay to investigate. Surely if Ashe was a dad she wouldn't be allowed to get away with it.Its been us who have helped him with them they see her once week if I had my way she wouldn't see them at all,but I am very bitter and still very very angry when I think of her, so I don't.Sorry rant over xx

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Finally got a date for 2nd hearing. 23rd April. Hope it's sorted this time.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Mum number 3 wrote to the court alleging that son was doing "huge" amounts of cash in hand work! Just got home tonight, full VAT investigation from 2011. Coincidence? I think not! Daren't tell him, this would finish him with everything else going on. Another large accountants bill coming up. Really can't afford this.

[Sapphire]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Yes, if you go Ltd and something happens within a certain amount of time then you could be told to unwind the changes, that's why when we registered our business we went Ltd immediately. Surely your accountant will be able to advise more re your sons salary ? Perhaps approach it as separate entities ?

Totally agree that he's messed up but you and your wife don't deserve all this hassle either, it's not fair on either of you. I hope that Mr Judgy does see the light and sorts this out for him, you and everyone else.

I do hope that your son realises the crap he's causing you all and will think twice in future.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

This idea would definitely be diversion of income! Have already spoken to my accountant about transferring the business to Ltd. Advised against it at this stage, says Judge could order us to "unwind any changes" if they ruled against us on diversion of income ground. My son has obviously messed his life up, but he has a moral duty to pay for his children, even if he cannot see them. All that I want is a fair assessment, the CSA & CMS only have to comply with the law. Regarding Child Maintenance, and this will be sorted out. Hope the Judge can get them to comply. Section 39 (5) is how they should have done the calculation. It's the Law!

[Sapphire]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Excellent, so first off they get the bare bloody minimum of maintenance, and if they want more then they have to play ball, but that bit can be addressed later.

If you chat to your accountant, I'm thinking you could get your son on £150 week PAYE that will mean he pays the minimum NI. Then you could pay him or 'a.n. other' a dividend ie yourself and you pay him from your account, he won't pay tax on that but it becomes liable for Corporation Tax.

If he's on the bare £150 minimum he then cannot afford a large maintenance payment which will stuff the mums big time. As you just said at the moment he worse than useless because of what's going on, so if questioned you'd have every right to cut his wages, it's just thinking of a way around it.

But I'd check the idea out with the accountant first about paying him that way, I do however think that its time to be downright dirty.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Mum number 1 would not allow access. Mum number 2 stopped access last November. Never even seen child of mum number 3 even refused to put son's name on birth certificate. I pay him as a "salaried" partner, if his share of the business profits are higher than his "salary" he can take this as drawings or leave it in his capital account. During the last 2 years his partnership account has been going overdrawn, as he needs extra for doing up his house and maintenance for his children. I will review his "salary" once the tribunal is over. So the answer to your question is he is not on PAYE nor are there any dividend payments.

[PlanB]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

sometimes you have to fight nasty.

Yep

[Sapphire]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Ok thats good, just wanted to do a summary to save keep going back and forth through the thread. So listing them in order....

Mum number 1 has withdrawn her claim because the child is living elsewhere then fab, that's no maintenance, but does he see the child, have visitation rights ?

Mum number 2 is being bloody minded and is making access awkward ?

Mum number 3 is just after money ?

If think your right, they deserve the basic allowance as directed by the CSA or whatever its called now.

Next question, how do you pay him from the company, ie: is it PAYE or dividends, or a mixture of both ?

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Son is partner in the business. Already had an informal agreement with mum number 2. But she stopped my son from seeing child just before her birthday, could not even see at Christmas. May well alter her payments to what CSA say. Yes I pay maintenance from business account and charge to son's drawings. Mum number one withdrew her claim, child was not actually living with her. 2 mums ganging up in the mistaken belief that they will get more. No intention of him signing on, he is so depressed at present that it is an effort to get him to work, and then I worry about the jobs as he is not concentrating. He needs to be kept busy to try and take his mind off this.
Thank for your input.

[Sapphire]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Ouchy. So lets get this right,

Does your son work for you or is he a director of your company ?

He has three children by three different mothers ?

Except that mother number 3 is only just getting on the maintenance bandwagon ?

Why do each one get a different amount of maintentance ?

You pay the maintenance from the business ?

The three mothers have now ganged up and are now working together to get more maintenance ?

Just a thought or an idea, why not put him technically out of work, so that he has to sign on, then non of them will get paid out. Personally I hate the idea, but sometimes you have to fight nasty.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Letter from HM Court asking if son wants his address disclosed to other parties 14 days to reply, then yesterday a text from mum number 2 saying she is really looking forward to giving evidence against him. Court had already sent her documents. Then letter from CSA saying that a second appeal against calculation of payments has been refused, but, now the csa have not asked mum number 1 to appear as mum number 3 has once again put in an appeal under the new scheme for a variation on the grounds of diversion of income the csa now want to link this new appeal to the existing case bringing in mum number 2. Getting very complicated. They have done calculations under the wrong schedule of the act. Have once again written to them. Obvious from the letters that mum number 3 is getting serious help with all this. We also have 2 women colluding against my son.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Paying £182.99 a month to mum number 3 and £200.00 a month to mum number 2. My son cannot afford to carry on at this rate. We really do need the court to make a decision. If the "technical dissolution" is law, CSA have got everything wrong in law, already know that they made a wrong decision by using HMRC figures when he was registered as a self employed partner, but CSA are a nightmare to deal with.

[PlanB]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Do we have an expert accountant on the forum? . . . .

. . . . technically, the partnership is disolved each time one partner leaves (and is replaced by another), or a new partner joins. In such a case there will usually be no break in the business of the partnership with the "new" firm generally taking on the assets and liability of the "old"."

Is this actual accounting law?

I can't answer that question but SXGuy may be able to so send him a PM

All I can say is that my ex-husband spent several thousands of pounds on lawyers and accountants in an effort to avoid paying for his child and I can't help thinking that the money would have been better spent on his/our daughter.

Is anything being paid to the mother of your son's child while this legal saga unfolds?