Resident parent abroad, can I claim maintenance?

Might not give you advice but have a look here: www.direct.gov.uk/en/BritonsLivingAbroad/index.htm

In an LTR case, did you have to demonstrate accomodation & schooling arrangements and financing before it was granted? This generally is the case.

'...my new husband and I are going to be working for a great school where the children will also attend (fabulous school - British Curr.) our housing is sorted, healthcare sorted and there are lots of activities the kids can get involved in. We believe the kids will have a better lifestyle out there....'

I guess the reality must be tougher?

Generally in LTR cases you have to demonstrate that you have everything in place for the kids - housing, school and the financing of it. So really you must have accepted that your ex would not support you, and you were taking the kids away. Also he has more contact expenses.

If you are teaching in Kuwait then I am presuming that you are on some sort of renewable contract arrangement rather than a permanent one?

I would have thought that for tax purposes you are still classed as UK domiciled? You said that you return to the UK for extended periods of time and this might affect your residence status.

I think you need to check out what is involved in habitual residence and also talk to the CSA.

I certainly would have thought that the father is still obliged to help maintain his child despite increased contact costs. If it works the other way around with spouses abroad liable for maintenance for children in UK, then it would be fair to assume that UK based parents would have an obligation to maintain children overseas.

If you google child maintenance child living abroad then there are articles which give an indication that CSA might become involved in your case, also REMO works from overseas to the UK although I don't think Kuwait is a REMO country.

Perhaps you need a solicitor with international experience to advise.

Generally excessive contact costs are deductible from CS, esp. in cases abroad.

To answer the question when one parent lives abroad and the CSA has no jurisdiction you can apply through the courts for child maintenance. If the payer of child maintenance lives in UK the order can then be enforced here like any other debt.

Although CSA rates are used by courts as a starting point in determining CM the judge must give regard to s25 Matrimonial Causes Act 1973, in particular subsection (3) - ie the financial needs and resources of the child; the parent's financial resources, obligations, standard of living and any disabilities. This means the amount of CM awarded can be more or less than CSA rates.

The courts consider travel expenses as part of the overall financial circumstances, but that doesn't mean the costs of travel are deducted £4£. The costs of travel are balanced against the financial obligations of the costs of raising a child.

If you haven't done so already I would suggest writing and negotiating formally, perhaps through a solicitor, and try to resolve the issue reasonably before starting more court proceedings.