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CSA when father works abroad

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tobysasha
Posted by
New Member

05 Nov 14 #448446 by tobysasha

Topic started by tobysasha

Hi

My partner works abroad and has done for the last 2.5 years. He does not work for a UK company and does not pay tax in the UK. He also spends less than 90 days per year in the UK.
His ex has gone back to the CSA (they previously were involved until a private arrangement was set up but the case was never closed) and they have been writing to him at his former address since 2012, as he did not receive the letters, they put in a default order based on his former employer from whom he was made redundant in 2011. The default order stated payments from July 2012. My partner was no longer in the UK then and was working for a non uk company.
The CSA claim arrears from 2012 ongoing of £13,000. When they did the default assesement, they did not take into account a child that lives with us despite them having record of said child since 2005.
As my partner does not pay tax nor reside in the UK, can the CSA chase him.
Many thanks

WYSPECIAL
Moderator

05 Nov 14 #448447 by WYSPECIAL

Reply from WYSPECIAL

When he was made redundant did he request a change of circumstances review?

If he didn''t inform them of the change then the assessment stands and arrears accrue until he does tell them.

tobysasha
Posted by
New Member

05 Nov 14 #448449 by tobysasha

Reply from tobysasha

There was a private arrangement in place then when my husband was made redundant.

The arrears began when the ex went back to the csa in June 2012. The case was reopened then and an default assessment was done. The csa wrote to my husband in June 2012 but he was not in the country and had no idea they were involved again. We only received notification of this last week.

The default assessment was based on what my husband was earning when he worked in the uk and took effect from July 2012. My husband left the UK in June 2012. The arrears have been building only since July 2012.

dukey
Moderator

05 Nov 14 #448451 by dukey

Reply from dukey

In which country does he work/live?.

Child Maintenance Options
Moderator

06 Nov 14 #448502 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Tobysasha

With your partner having a case with the Child Support Agency (CSA), he would need to contact them directly to discuss his concerns regarding the arrears on his case. He will find their details on any letters they have sent him or on Gov.uk at www.gov.uk/child-maintenance.

With your partner not living in the UK the receiving parent may still be able to receive child maintenance from him. They can arrange a family-based arrangement, which is an agreement between themselves. Family-based arrangements are not legally enforceable, however, they can be flexible to suit the circumstances of both parents.

If a family-based arrangement is not possible for them, then the receiving parent may want to approach their local magistrates'' or family court to apply for a court order for maintenance to be made. This can then be enforced by the Reciprocal Enforcement of Maintenance Orders (REMO).

This is an agreement set up via the British Government with other countries, to enable citizens to receive maintenance if a parent lives abroad. You can find a full list of participating countries at www.justice.gov.uk/downloads/protecting-...mo-location-list.pdf

For more information on the different ways to set up child maintenance, you can visit the Child Maintenance Options website at www.cmoptions.org

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.wikivorce.com/divorce/Sorting-Out-Separation.html

Regards

William

tobysasha
Posted by
New Member

06 Nov 14 #448504 by tobysasha

Reply from tobysasha

Hello

Thanks for your replies.

My husband is based in Afghanistan where there is no REMO.

My husband has been paying through private agreement. We had no idea that his ex had gone back to the CSA until letters arrived addressed to my hubby last week. These letters were assesments from July 2012.

My husband is a private contractor with an American Company and as such does not pay UK tax as he is no longer considered to reside in the UK according to HMRC.

My main question is: is he liable for are arrears build up when he was not living in the uk or paying uk tax. It is my understanding that the CSA have no jurisdiction

Child Maintenance Options
Moderator

06 Nov 14 #448510 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Tobysasha

Your partner would need to speak with the Child Support Agency (CSA) directly to discuss what will happen regarding the arrears that are on the case.

Regards

William

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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