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Child maintenance - is this a diversion of income?

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  • Child maintenance - is this a diversion of income?

    Hi

    My ex and I separated approx 3 years ago and we now use CMS to calculate payments. Prior to going through CMS he refused to inform me of his income so a calculation was based on what he was willing to disclose - which turned out turned out to be a previous (lower) income. Once CMS became involved it transpired that he'd been underpaying for quite some time.

    I've recently been made aware that within the 23-24 tax year he transferred money to the sum of approx. 7.5k from his existing workplace pension scheme into a previous one, which had very little funds in prior to the transfer(s) during that tax year. This information is from a reliable source.

    Does this represent a possible diversion of income? Given the track record (in addition to other manipulations regarding money, including prior and current financial abuse) I’ve considered that he may have altered his pension contributions but I don’t have any proof of this. I only have previous behaviour patterns and gut instinct to go off, but now also this information.

    If this does look like a diversion of income would CMS look into it?

    If it’s not likely to be a diversion of income then I will not pursue it. I’m not concerned with his private finances - I only want the payments to be fair and accurate for the benefit of our children.

    TIA.

    Tags: None

  • #2
    Tia: Transferring money that had accumulated in one pension scheme into another is not diversion of income, for the reason that the accumulated pension pot is not income.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Thanks for the response. I understand that transferring funds generally wouldn’t be income, but my concern was that he may have increased his pension payments to avoid paying the correct maintenance, and then has moved this accumulation to hide it.

      Presumably this might not be something anyone would know without seeing how those payments had accumulated in the first place.

      Would CMS look into this, with it being from a ‘hunch’ and without further information / evidence?

      Comment


      • #4
        Increasing pension contributions *might* be a diversion of income. You probably need actual evidence.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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