If you believe that your ex is earning much more than they declare, it can be difficult to prove and for the CMS (Child Maintenance Service) to take your claim seriously. However, if they stop all payments, more decisive action can be taken.
If the liability to pay child maintenance (or spousal maintenance) is in a court order and your ex misses payments or stops making payments completely you, as the payee, can take action to recover arrears by applying to the court. The court will then decide on the most appropriate method to recover monies owed. If your ex is facing financial hardship, a payment arrangement might be put in place. If it’s just a blatant refusal a harder line of action would most likely be taken.
However, the court only has jurisdiction for child maintenance for 12 months from the date of the order, after the 12 months has passed either of you can apply to the CMS for them to consider the correct amount of maintenance.
If you feel that your ex is earning much more than they are declaring, it is unlikely that the CMS will act by doing a revision without some form of proof and this can be difficult to find. The CMS can even struggle should they decide to pursue a review. This is because self employed people can manipulate income figures by manipulating business expenses in order to reduce income. If they are a Director of a limited company, they might pay themselves a much lower wage in favour of receiving a dividend!
However, there have been some recent changes to child maintenance and capital can now be considered. This means that should your ex own properties other than his primary residence or have substantial other assets - these can be taken into account.
If you are struggling to get the amount of child or spousal maintenance you feel you are entitled to, get in touch with RJS Family Law.
