Mother not paying
Hi all. My teenage son has residency with my partner and I. For the year he lived with his mother I paid her maintenance of £38 per week (this was the amount she requested) plus I bought all his clothing, paid for school trips, paid for his sports and hobbies etc etc. On top of this, when we separated, as my son was going to be living with her, I gave her £75k so she could be mortgage free, meaning my mortgage is now crippling.
A year later our son was taken from her care. I didn't ask for any maintenance for a long time, despite her going on lots of holidays, buying sporty cars etc. Eventually I asked for a contribution but all she would pay is £10 per week.
I have accepted this for the last 4 years as I have no energy to left to fight her, but now our son is a teenager and he costs a fortune, I feel she should be paying more.
The problem is, she's self employed and isn't honest about her income so she doesn't have to pay tax, and has moved 200 miles away. She is hardly seeing our son, whereas before she saw him up to 8 overnights per month, depending on if he wanted to go.
As it seems to be worked out on how much time he is with each parent, if I go to the CMS she will 100% say she still has him up to 8 nights per month (as per the court order) and I seem to have no way of proving she is actually rarely seeing him.
Any ideas? Or will they use common sense?!
Usually they like to accept court orders as evidence. knowing them, they will probably tell you to apply to court again to get an updated order if the shared care nights have changed and is being disputed. I would be surprised if she is not paying any tax. must be completing self-assessments.
So if you open a CMS case they should see this information, but perhaps you should not expect much in payment if she is not disclosing full income. they have processes for dealing with people that are not disclosing income, but it's very long-winded and depends how much patience you have with them.