Areas of Law / Divorce and Family

The Child Maintenance Service has had no luck in getting my ex-husband to pay maintenance for our four children. This is despite the fact that he has a successful business and several houses which he rents out. I have been told that it is up to me to prove what his assets are and what income he receives. Surely this cannot be true?

If you can demonstrate that your ex-husband’s lifestyle is inconsistent with his declared income you can ask the CMS to make a “departure” from the maintenance formula. An independent tribunal would then look at the evidence. I suggest you do some detective work, including asking the Land Registry for details of ownership of the properties you mention. It’s a criminal offence to withhold information from or supply false information to the CMS.

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