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Hi, new to the group but previously found good information so hoping you have some advice for me… sorry in advance for the long post.
CMS have allowed an attachment of earnings, they have tried this before but then refused as I own the company.
The figures that they are using are wrong in the sense that they are using additional income on top of what they believe my salary is, which is also wrong and I have sent them wage slips to show.
The additional income has stopped but was used for company car payments not actual money, so I literally don’t have what they think I do.
My wage is around 3k per month and yet im required to pay over £2500 this month but then £1275 from May. I also pay the ex-wife’s mortgage as well as my own which obviously I can not afford.
I have been going around in circles with CMS for a long time to the point of taking them to the tribunal which is in a few weeks time. Silly of me not to realise that the ex was also party to the case. I thought it was me against CMS. Afterall it has been them not taking into account the shared care order we have and the mortgage I pay for her and my children ect ect.
The CMS currently state that I owe her 18k despite me paying 19% of all my wages as I was told to do so by one of their advisors. I have continued to do this but of course the arrears are building.
After receiving a letter from Court with some evidence that she has provided its really got to me and im at a point of not even wanting to attend, especially with her being there with her entourage laughing.
I guess my questions are:
Is it worth attending court to explain that my salary is more like 30k and not 100k like they are suggesting.
Has anyone been through this that can offer advice, is it worth having a solicitor present?
If I don’t make the payment via the attachment of earnings what can happen?
Im close to just closing my business and telling them to send me to jail, if that is the powers they have?
Thanks for taking the time to read this
hi,
I suggest you turn up to court with evidence of your income. not turning up will go very bad for you and they will likely go with their default position that you earn 100k and must pay x amount. can also use opportunity and complain why CMS have not taken into account that you pay for mortgage for property that ex lives in, and your shared care court order. you should prepare a position statement with all relevant information and take with you.
if you think you will be very nervous and not able to speak clearly, you may want to consider hiring a direct access barrister. can search on https://www.directaccessportal.co.uk/
theres a lot of people that have been through these tribunals. recommend you join this support group:
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