Child Support when not part of REMO?

Diamond07

Can someone help me with this very grey area please?

Ex working in Dubai in 2 weeks time, Current DEO in place due to non payment we have 7 yr old daughter!! I know Dubai is not covered by REMO meaining CSA cannot act on my behalf to reccoup maintenance. My grey areas are these??

He is sending his wages back to the UK into his partners UK bank account
Residing in the UK; and
He will be earning tax free

Is there no legal enforcement in place in light of the above to enforce child maintenance?

If i receive nothing, is there anything I can do when you returns to UK?

Many thanks

NACSA_CHAIR

if the NRP has a bank account or property in the UK he will be deemed as habitually resident in the UK and the CSA will continue to have jurisdiction. If he has covered these tracks by ensuring accounts etc are in his partners name it may be more difficult for you to pursue him. You could try going through the appeals process to see if there are grounds to deem him as being habitually resident because of him paying his wages over to the partners account.

Otherwise - is there any chance of making a private arrangement with him??

Kimitatsu

If he is residing in the UK is he on the electoral role? Also as I understood it, banks are only allowed to accept transfers into them if the person named is on the account.

Also if he is working for a company that has a UK pay office then the CSA can still impose a DEO regardless of where in the world he is working.

Diamond07

Ex will be employed with UAE and is paying his wages into his partners bank account. He is not on electoral role as he lives with his partner who rents the house from her sister!! He has spoken about a private arrangement on the condition I sign a document to state I will not chase him for further monies on his return to UK. Not sure what my legal position is especially if I do not sign this document he will pay nothing, If this occurs, when he returns to UK how would CSA carry out assessments? Thank you

Kimitatsu

So if he is not on the electoral role is she getting a 25% reduction in council tax? If he is flying back to the UK every 2 weeks and staying with her then the council may just do your detective work for you!!

Has he given you a copy of this document? I fail to see how that can be implemeted as the courts do not overule the CSA assessments any longer. You would do well to get legal advice on it, but I think you will find it is not worth the paper it is written on. Equally you could add a clause into that document that if he fails to pay then you are entitled to chase him for the back payment as well - after all whilst he is working abroad you can always open a case with the CSA which will accrue until he comes back to this country, especially if you have an idea of when he will be back.

I dont know if you can get a court assessment as he is out of REMO for maintenance for your daughter, as the CSA has no jurisdiction. If the court would rule then you could apply to have all of his assets frozen, which would include the bank account into which he pays his wages.

Diamond07

He is expecting to pay his wages into her bank account - this was the way things were done when we were married because he couldn't get a bank account due to constantly owing bank charges. I am assuming nothing has changed!!

If he is on the electoral role, (he is returning every 2 months for 2 weeks) and working for a UAE employer do you think maintenance enforcement may apply?

Thank you again...

Kimitatsu

Yes if he is on the UK electoral role - and if he wants credit cards, references, bills anything that is in his name he has to be able to prove he lives in this country - then the CSA does have jurisdiction.

They would only not be able to enforce the maintenance if he moved to the UAE permanently and left the UK completely. Perserverence is the key unfortunately with the CSA :rolleyes:

francesca_2703

Hi diamond07,my ex will be working in Dubai within the next few weeks and, despite my best efforts I have no idea if I will receive any maintenance from him. I must be niaive, I haven't considered his bank accounts, electoral register details or whether he will be paid from the Uk (solicitor said today this is crucial to whether CSA or CMEC can pursue non payment). There appears to be nothing I can do but wait and see what happens but at the moment I don't even have an address or email address for him. Will follow your posts with interest... and hope things can get sorted for both of us.

ellie.g_3

Hi,
Am struggling at the moment to come to terms with how the CSA operate! My ex-husband paid the minimum payment according to CSA guidelines upon our (very messy) divorce over a year ago. The maintenance order lasts one year, so the CSA tell me when I applied to them to get payments made through them as I always have to ask my ex for the money and it is sometimes late, sometimes post-dated cheque etc.

Immediately after the divorce and the agreement was in place, he changed his job in the company he works for (large British car firm), and his salary is now in excess of 90,000 euros, about three times the amount at the time of the court order for maintenance.

There were two reasons I applied to the CSA - firstly to get them to reassess the payments and secondly so I do not have to keep asking for the money.

The CSA telephoned me to say that as he is not resident in this country (he is renting an apartment locally but does not have a mortgage as our house was reposessed last year due to his non-contribution to the mortgage) and is paid in euros, he is outside of their jurisdiction! Not only that, but they told him this before they told me, so he knows that he has to keep being paid in euros to not pay me anything. He still works in this country but travels abroad as part of his work, he is at the same desk and has the same telephone number as before, but is just working for a different division of the company.

It is complicated by the fact that we do not see him at all as he was being investigated for posession of child pornographic material last year and therefore was not allowed to see the children - he has never asked about them or expressed any desire to see them.

I asked the CSA if there was anything I could do but she said there was not and she had also told my ex this prior to informing me! I have looked into this and found out about the REMO agreement, but do not really understand what I am doing, the CSA have not been able to help me here. Can anyone advise please? Thank you!

Dancing_Shoes

to the op if your ex is offering a private arrangement then I would seriously consider that avenue before chasing him through CSA/courts etc. I think that no-one really "wins" when it comes to this and for your sanity and time maybe this would be an easier route?

There is nothing to stop you following either of these routes if he doesn't pay. Hope it works out

PlayingHardball

ellie.g wrote: »

Hi,

The CSA telephoned me to say that as he is not resident in this country (he is renting an apartment locally but does not have a mortgage as our house was reposessed last year due to his non-contribution to the mortgage) and is paid in euros, he is outside of their jurisdiction! Not only that, but they told him this before they told me, so he knows that he has to keep being paid in euros to not pay me anything. He still works in this country but travels abroad as part of his work, he is at the same desk and has the same telephone number as before, but is just working for a different division of the company.

I've had a similar problem, CSA closed my case because ex was not resident in this country, although he still owned property in UK. I question CSA's actions and asked my local MP to help by writting to the CSA for answers. My case is now with the dispute resolution department as the CSA now think that they closed the case incorrectly as he has property here, as well as he is on a temporary work contract out of the UK, so therefore he is classed as 'habitually resident' in the UK. You need to get all your facts together and clarify this with the CSA, IN WRITING.

It is complicated by the fact that we do not see him at all as he was being investigated for posession of child pornographic material last year and therefore was not allowed to see the children - he has never asked about them or expressed any desire to see them.

Best out of your childs life!

I asked the CSA if there was anything I could do but she said there was not and she had also told my ex this prior to informing me! I have looked into this and found out about the REMO agreement, but do not really understand what I am doing, the CSA have not been able to help me here. Can anyone advise please? Thank you!

This is a really difficult area that is very grey, with CSA and REMO. You need to exhaust all avenues with the CSA to ensure he is not in their jurisdiction, but in the meantime, call your county court to find out which court offices handle REMO applications in your area, and get them to send you the forms right away. Assuming he is working for a REMO country. You will need to know who he works for, his address if he has one in the country he works in.

Sounds like a nasty character that you are well rid of, you and your child!