Just need some advice if possible I'm new to here and I'm facing a tribunal in Febuary
I've only been running my own plastering company for 18 months and I submit my 1st self assessment this month
This was all done properly with an accountant checking my bank statements
My question is this what will happen at court
I've got Mike from Durham legal services with me to help
Will they check my records from when I started my company to now of will they go further back when I was paye
What do I need to take with me to help
I'm not hiding money anywhere and I pay monthly maintenance payments to my ex through collect and pay but she thinks I'm earning more than what she is entitled to
My kids are also 18 and leaving a levels in may
Unless the tribunal think you've been hiding or diverting money, it;s difficult to see why they should increase your payments beyond the CMS calculation. With you daughter leaving A levels in May, your last payment should be September, so you won't be paying for much longer in any event.
1) The tribunal will backdate the decision to the point in time when your ex first raised the mandatory reconsideration request. If your tribunal is in February, I'm assuming she raised this in early '18. Expect any decision - if they find in her favour - to be backdated to then.
2) There would be no reason to look at your circumstances before you were self-employed. That's on the assumption that you were already when self-employed when she made the mandatory reconsideration request.
3) So long as you're not unreasonably 'diverting' income, then you should have nothing to fear regarding the tribunal. However, bear in mind that 'diversion' can mean many things. Typically it covers: unnecessarily retaining money in the business instead of paying yourself a higher salary, making excessive pension contributions (above 15-20% of your taxable income), claiming unreasonable company expenses, paying a salary to a new partner/girlfriend when her contributions don't warrant it.
If you're comfortable you're not doing any of the above, then absolutely no reason to expect the tribunal will make an unfavourable decision.