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Enforcement of Child Maintenance

  • skeptical
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26 Jun 10 #211186 by skeptical
Topic started by skeptical
OK, stbx works in Europe.

If he has exceeded the 91 days visiting in the UK, I understand that he may become liable for UK tax assessment rather than the country he is working in.

Is it easier to enforce child maintenance payments if he is paying tax in the UK or does this not make any difference?

The thought of having to pursue him via REMO is not a pleasant one.

How is it possible to juggle the tax liability and access to the children without them having to travel overseas every other holiday?

Thanks

  • Fiona
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26 Jun 10 #211231 by Fiona
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Do you have a court order to enforce?

When someone is paid by an employer abroad the CSA cannot get involved because isn't possible to implement a deduction of earnings in another country. Likewise the courts in the UK have no jurisdiction to deduct from earnings or make a charging order etc to enforce a court order unless the payer of maintenance is paid in this country or has assets here. With REMO the order made in the UK is enforced through the courts of the other country.

Would spending every other holiday abroad be such a bad thing for the children? Apart from the benefits of spending time abroad it would enable them to feel more part of your husband's life.

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28 Jun 10 #211385 by skeptical
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It is nothing to do with spending time overseas - I am quite happy for them to do that.

However at the moment our agreement is that he will continue to come here for contact so there is as little disruption as possible. I am quite happy with that too.

My main concern is that he has under reported his income which is paid overseas and not by a UK company. I was just wondering if it was easier to gain a truer picture of what he earns if he was paying UK tax. It is the same old story of him being self employed working via an agency and fudging income so that he pays as little tax as possible. However paying as little tax as possible also means that his reported net income appears much lower.

We don't have a court order yet, that should hopefully happen fairly soon. But he has already said that he doesn't intend to comply if he thinks it is unfair.

It seems that there is very little I can do about it!

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