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My ex took my child and lived abroad for over 4 yr

  • BW123
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13 Sep 11 #287586 by BW123
Topic started by BW123
Hi
I recently found out quite by accident that my ex wife took my (then) 9 yr old son overseas and lived in Cyprus for over 4 years returning to the UK in 2006.

I passed this information onto the CSA who promised an investigation and indicated that unless she was in the Armed Forces I would not be liable for maintenance.

During a routine call to the CSA last week the advisor let slip that they had investigated and confirmed that she did live in Cyprus between April 2002 and May 2006 and that all payments had been stopped and I was not liable. He then informed me that the case had been passed to a "guidance" department within the CSA who had overturned that initial decision and ruled that I am liable for maintenance all the time she was abroad. I have not been officially advised of this yet.
My concerns here are that this was done without my knowledge or consent and why the hell should I be liable if she removed my son from the UK?.
Am currently seeking legal advice but wondered if anyone had any advice to help me out.
Thanks in advance

  • Fiona
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13 Sep 11 #287634 by Fiona
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Why should you be liable for CM? Because you are a parent and have responsibilities towards the child.

I don't know the circumstances or why you didn't pursue knowing where the child was living for 4 years earlier but child maintenance and where a child lives are treated separately under different bits of legislation.

My understanding is that the CSA can cancel an assessment if a child's habitual residence is no longer in the UK. The problem is that there is no definition of "habitual residence" and if the child lives abroad for just a few years it may be deemed that habitual residence was still in the UK and the CSA retains jurisdiction. Sorry if this isn't what you want to hear.

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13 Sep 11 #287656 by BW123
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I am well aware of my duties and responsibilities thankyou and have always fulfilled them - I dont know why I need to tell you this but your comments anger me.

I pay 100% of my childs maintenance - always have. She has moved around and never tells anyone where she is not even the CSA and I have had no contact with my child since he was 6 years ols - hes now 17. I cant afford to pay to track them down every time she vanishes.

I pay 40% of my net salary.

If she can afford to go off and live abroad then I am sure as hell not sitting back and taking that.

Thanks for your info but the catty comment I didnt need.

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