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1. tigertibbs
   Member
   
   

   Hi There

   I have become subject to a maintenance claim from a brief liason with woman back in 2010. To cut a long story short she was a 39 year old single, desperate to have a baby so duped me into thinking she was on the pill to get me to stop using condoms. Like an idiot i obliged and three sessions later she becomes pregnant.

   I knew her for only two months and currently have zero contact with her or the baby. She has threatened CSA but we are currently speaking through solicitors to try to reach a voluntary agreement. Which if I am totally honest isn't going well. She turned down the initial offer, she seems to want full board and lodgings paid!

   I own and run my own small business (Ltd Company) and pay myself minimal salary and then dividends. I own two properties which are rented out, but due to a huge refurb on one of them my accounts show a big loss on the property side of things.

   I am looking for advice on what might happen if she does decide to go to the CSA. I have already had many discussions with my accountant about how we can restructure things in order to reduce my liability. I currently own 100% of the business, but will soon own only 25% of it due to the remaining 75% being handed to trusted family members.

   By going to the CSA does she forfeit any benefits? Is the process a general nightmare for her? I literally have no idea.

   She knows absolutely nothing about me, my financial situation, as i say, I knew her for two months.

   Any help or advice welcome

   Posted 6 months ago #

2. coyi66
   Member
   
   

   In the first instance, if she went to the CSA they would ask you to complete an assesment where you declare your earnings. On CSA2 for one child that would mean 15% of your net income (made up of your salary + divdends (she would have to ask for your divis to be taken into account). As you don't see your child there would be no reduction for the nights it stays with you.
   If it goes under CS3 (not sure if thats even live yet) then its 12% of gross income (for the first £800 pw with a reduction for anything over that).

   Does she know your address? Does she know your full name?
   If so she can easily find out the details of your LTD, look at your year end accounts and go back to the CSA saying your are diverting income (if she sees your family down as shareholders then she can state this and it would be reason enough for the CSA to re-look at things).
   If you really want to protect yourself then you need to see a specialist child maintenance solicitor for some advice. Your accountant will be like mine and keep quoting HMRC rules to show you are legal and safe. However, if things went all the way and you ended up at tribunal what the HMRC say have absolutely nothing to do with how a tribunal judge would rule.

   The best advice I can give would be to offer to enter a private agreement with the mother at a fair and reasonable amount. Believe me when I say that the last thing you want in your life, if it can possibly be avoided, is the CSA.

   Posted 6 months ago #

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