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History: Home UK Divorce Forum
Topic:
Form E - can I share findings with CMS? (10 Posts)
Started By:
Date:
05 April, 2016 09:49PM
Form E - can I share findings with CMS?
Bubblegum - 05 April, 2016 09:49PM
Hello,
The CMS have started proceedings against my husband for CM arrears of approx. £8000. They have written to me to ask for any information I know about his bank accounts/ assets etc. I do not have any information about his current finances but, if he completes the form E, I will know about his finances. Am I allowed to pass this information to the CSA/CMS or would it be a breach of confidentiality.
Re: Form E - can I share findings with CMS?
davidterry - 06 April, 2016 09:19AM
You would be in contempt of court. You cannot disclose information obtained during the course of divorce proceedings to third parties without the permission of the court. You can ask the court for permission but you should not do this without the court's permission.
Re: Form E - can I share findings with CMS?
Bubblegum - 06 April, 2016 09:54AM
Thank you for your reply - he probably won't give honest disclosure in his form E anyway. But I will seek permission from the court if I feel there is information which is relevant to the liability order sought by the CMS.

Would the court take into consideration that my ex has not met his parental responsibilities (financial) for our three children (two of whom are disabled) since we separated in 2011 when splitting the finances? I know the court doesn't really get involved in child maintenance, but it's near impossible for CMS to get any money out of him. He quits jobs when they catch up with him, transferred car/ property into parents names, keeps his money in other people's bank accounts etc. Short of sending him to prison - I can't see what they can do. Just want to know if the financial split will take this into consideration as he is unlikely to contribute in the future
Re: Form E - can I share findings with CMS?
davidterry - 06 April, 2016 10:38AM
>> Just want to know if the financial split will take this into consideration as he is unlikely to contribute in the future

It is likely, yes. Where a person has a history like this courts do tend to take it into account when there are children involved.
Re: Form E - can I share findings with CMS?
Bubblegum - 06 April, 2016 02:45PM
Ahh! There is some hope then. Thank you David for your response.
Re: Form E - can I share findings with CMS?
Bubblegum - 03 August, 2016 07:11AM
X



Edited 1 time(s). Last edit at 14/10/2016 02:21PM by Bubblegum.
Re: Form E - can I share findings with CMS?
Johnny8589 - 12 January, 2017 08:00AM
Hi, I've had experience with this in relation to a lying self employed person who claims to earn 10k a year - all lies as the form E revealed stuff like renting a flat on own for 800 per month! What on 10k a year!!!

You cannot share the form E with the CMS because they take the figures from HMRC full stop.

However go back to the judge with your argument that he/she is lying with tangible proof of the Form E and ask for the judge to grant an order to allow the CMS to be allowed to take his/her form E into consideration. In my case the judge granted the order and after a long battle because the CMS had to run things through their policy & procedures it's all been sorted satisfactorily.

Good luck.
Re: Form E - can I share findings with CMS?
Bubblegum - 12 January, 2017 02:32PM
Hello Johnny,
Thank you for your reply. It's been a while since I wrote this post and whilst I did get true earning information through my ex's disclosure, I decided not to seek the courts permission to disclose it to the CMS. My ex works in (6 month) contract positions and by the time I have information about where he is working and the CMS have obtained a liability order and deductions from earnings order, his contract is usually at an end! I have found that when your dealing with an ex who is willing to go to such lengths to avoid paying child maintenance, the chances of actually seeing any of that money are pretty slim. I have decided to just let the arrears build-up for now and hopefully it will form part of the bigger picture when a financial order is made in my final hearing. I guess sometimes you just have to pick your battles.
Re: Form E - can I share findings with CMS?
Johnny8589 - 12 January, 2017 03:16PM
Hi Bubblegum - best of luck girl!
Re: Form E - can I share findings with CMS?
Bubblegum - 15 March, 2017 07:39PM
davidterry Wrote:
-------------------------------------------------------
> You would be in contempt of court. You cannot
> disclose information obtained during the course of
> divorce proceedings to third parties without the
> permission of the court. You can ask the court for
> permission but you should not do this without the
> court's permission.


David, does FPR 2010 PD9B allow me to share my ex's salary details with the CMS when seeking a variation?
confused smiley
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