How can I discover if my children's Father was made redundant or resigned?

[ebgbs]

Hello

Thank you for reading and considering this post-I cannot find any information out there to help me!

I am currently going through a divorce and my ex husband says (just before the financial hearing which awards maintenance payment to our children ;-( that he has been made redundant. He was a director of a Limited company and therefore I have seen his filed 288b from Companies House. This doesn't prove anything though does it as I believe even if he was made redundant he will still have had to file this form?

He worked for a small close knit company that I cannot get any confirmation of redundancy from and to date all my solicitor has received is a piddly 2 line e-mail from the other company director outlining what my ex can expect as a pay out after 12 years at the company (looks like he received just 7k!). The tone of this short e-mails suggests that a deal is being struck between the company and my ex and nowhere does it say or have I seen an official "you've been made redundant" letter!

I should also say that the Limited company is a subsidiary of a PLC and I am wondering whether I can get any information from them? (My ex says they wont give me any information as the MD is a doddering old man and that I must accept the info given me by 1 of his best mates/the current MD of the subsidiary that my ex was made redundant from).

So-I am stuck with having to accept that my ex may be playing scary silly games with the financial security of my children. When the judge ordered that our house be sold (as now neither of us are in a position to pay a mortgage) my ex quickly found a temp job when up until then he insisted that there was no way he had a hope of finding a job "in the current climate!" I do not begrudge him his finanial needs, I want us to have all this behind me fairly and quikly. But-I am afraid that he is doing this in an attempt to force me out to work leaving pre-shoolers to be cared for by strangers. I am not against working but given their young age, I do not believe it is in the best interests of our children right now. I am limited in the hours I can work and therefore salary I can command whilst he can(and was) commanding over 60k pa.

PLEASE help me to get to the bottom of this, is there any way I can find out if he was made redundant or if he walked? I have once again asked my solicitor to write to the company but I haven't heard anything about this.

To summarise:

1)Under what circumstances is a form 288b filed with companies house

2) Is there any publi information out there that may tell me whether my ex was redundant or resigned (i.e. like info filed at companies house?)

3) Are there any divorce or employment lawyers out there that can shed some light on what I an request from him/his employer to confirm his redundancy?

 

THANK YOU all for your help.

[Gogivit]

I can help with one point here and I am making an assumption that he is 41 years of age or older!(41 or older = 1.5 times weekly wage x years (12) but excludes minimum level allowed, but as a director I am sure he would be treated quite well?

 

Taking into account he is to receive a mere £7000.00 that equates to a mere £388.00 for every year of service when if as you stated he was was on £60k+ plus, should be 18 x £1153 which = £20,769 minimum!

 

Please note that under government rules a "TIGHT" company could just pay the minimum amount but as I said your ex was a director and as such should have a far better redundancy package!

 

Good luck in your quest and dont be fobbed off.

[Lula]

Also, No one can force you out to work if you need to look after pre school children, if he cannot afford to maintain you, then there is the Benefits agency to look after your childrens needs, I am sure that childcare for 3 pre schoolers will be prohibitive and do you see yourself being able to earn that much and to pay rent and bills and food etc?

[ebgbs]

Hi Gogivit and Lula

 

MANY thanks for taking the time to reply!

 

Gogivit-he says his package was so low as the company laid him off precisiely because they were struggling and therefore didn't have the money to give him?!

[Lula]

Well, at the end of the day, whether he is telling the truth or not, he has to prove it all, he has to produce bank statements and paperwork supporting that, for the divorce petition, it will not go well for him if he is lying.

[purejayne]

When I was going through my (horrendous) divorce a form had to be filed at Court called a Form E which gave details of each parties financial assets and liabilities. This had to be backed up with documentary evidence for the Judge to consider. If there is insufficient evidence to back up his claim about his redundancy then your solicitor should ask his solicitor for documentary evidence to prove it - not some piddling little e-mail. Also he needs to produce bank statements to prove the amount he received from his ex-employer. Ask your solicitor to get onto the case and don't take no for an answer. You have to be firm about this for your childrens sake. I hope it works out for you - I know myself how stressful it can be x