My ex earns more than he declares

One Space's 'Ask the Expert' Jean said: 

"Let’s not venture in to the world of being in receipt of benefit and doing work illegally because this is benefit fraud and a completely different set of rules apply. 

I assume your question is so that you can get the income included in a maintenance assessment. 

It is a difficult situation to be in because it is hard to get the agency to take your claims seriously without any proof.  You both have the right to be believed.

You should first tell the CSA. I suspect they will refuse to do a revision without some proof but they could certainly contact your ex and ask if he has other sources of income.  If he denies it you will be the one who needs to provide proof.  

Remember also that this might cause trouble between you and your ex.  This doesn’t mean that you shouldn’t try and get the matter dealt with but could cause difficulty for you and your children. 

How do you know he earns more money than he declares?  If it is because he earned more when you were together this is not very likely to succeed unless you have more proof. 

Is his lifestyle more extravagant than his income would provide?  Does he have luxury holidays or drive a luxury car? Is he a member of a posh gym? Does he have a season ticket for the local football team?  Does he smoke 50 fags a day? Does he have a hobby which costs a lost to upkeep? Are his housing costs more than he earns? 

These are all ways to try and highlight to the CSA that he possibly has more income than he is declaring and the way to challenge his income is to put in for a variation.  The more information you can provide, the more chance of success.  If the CSA refuse to accept that his lifestyle is not consistent with his income then they will refuse the variation but you have the right of appeal and can go to a tribunal to argue your case. 

Your local Citizens Advice Bureau or advice centre should be able to help you with the variation and appeal.

It is not impossible to win the argument for undeclared income but it is a long drawn out process." 

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