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Avoiding payments

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Comments

  • Thanks for that CMAC, the CSA say that because he has a property in the uk, it still isn't in their jurisdiction and they closed the case-because I told them he lived in Germany, he didn't tell them. Unfortunetly he works for German based company (I asked CSA to check NI)

    The court order will be a German one if REMO works, but I think this is what is taking so long. Can I apply for a UK court order myself which would be enforced in Germany? Would this speed things up? Also, do you know what type of solicitor I would contact? Is there a speciality such as family law? Or should I speak to the German consoluate?

    Sorry for the questions, and if you have any more suggestions I'm very grateful.
  • CMAC_2
    CMAC_2 Posts: 187 Forumite
    Thanks for that CMAC, the CSA say that because he has a property in the uk, it still isn't in their jurisdiction and they closed the case-because I told them he lived in Germany, he didn't tell them. Unfortunetly he works for German based company (I asked CSA to check NI)

    The court order will be a German one if REMO works, but I think this is what is taking so long. Can I apply for a UK court order myself which would be enforced in Germany? Would this speed things up? Also, do you know what type of solicitor I would contact? Is there a speciality such as family law? Or should I speak to the German consoluate?

    Sorry for the questions, and if you have any more suggestions I'm very grateful.

    If he has a UK property the CSA DO have jurisdiction request the case be reopened if they refuse take it to TS it was closed in error.

    REMO will not get you a court order its not there job they enforce court orders. Why do you think REMO are pushing for a court order?
  • The magistrate court told me that a court order would be issued in Germany. I was told that this was what Reciprocal enforcement was about, but am feeling naive now, I was told it could take 'years', my daughter is 14, in the meantime, her father gets away without supporting her, not really fair, is it? What is TS?
  • CMAC_2
    CMAC_2 Posts: 187 Forumite
    The magistrate court told me that a court order would be issued in Germany. I was told that this was what Reciprocal enforcement was about, but am feeling naive now, I was told it could take 'years', my daughter is 14, in the meantime, her father gets away without supporting her, not really fair, is it? What is TS?

    Remo = Riciprocal Enforcment Maintenance Order We enforce your court order in our court if your enforce our court order in you court .

    The common point is a existing court order. Yes a court order will be issued in Germany but you need to apply to the German court to get one REMO only do the last bit

    TS Tribural Service or Appeal Service
  • HeatherH
    HeatherH Posts: 304 Forumite
    Part of the Furniture Combo Breaker
    Looks like my thread has been official high jacked....
    TSB: £4900
    Virgin: £4700

    Today is the first day of the rest of my life...
  • wizzy339
    wizzy339 Posts: 21 Forumite
    Right as understand (my ex M.I.Lwas a solicitor) you can put a Remo... you have the same LEGAL RIGHTS WITHIN GERMANY AS U R IN THE U.K. BUT I WOULD BE WARY OF THIS COS BRITISH LAW CAN CHANGE AT ANY TIME. Plz contact ur solicitor to confirm this as I am going back a few yrs.
  • wizzy339
    wizzy339 Posts: 21 Forumite
    bump jw if there is any upate from OP???
  • plinky1
    plinky1 Posts: 34 Forumite
    Hawkmoon69 wrote: »
    This is the type of guy the agency was set up to try track down and enforce payments upon.

    Unfortunately its guys like me who the agency see as easy tagets and hammer to make the books balance.
    Stop him from seeing his kid n see how long before he gives you money to support. Use the courts to keep him away and call the cops if he threatens you. Also keep a diary of every thing he says that may be threatening as this can be used as evidence...but never ever lie.


    Good luck.

    That would be the silliest thing to do!!

    Any solicitor will tell you that you cannot withhold contact because of non payments.
    I feel for you as like Hawkmoon69 said the CSA like to "hammer" the decent ones, but your ex needs to start paying for a child he helped to make!!

    He sounds quite angry at his contact being reduced and is withholding funds, but if it starts tit for tat then are things not going to esculate?
  • HeatherH
    HeatherH Posts: 304 Forumite
    Part of the Furniture Combo Breaker
    the caseworker I've got has been able to do an assessment on 3 payslips. Saying that he'll be paying £5 a week. Even though he works at 3 different places, there's just not much evidence. The money he's supposed to be now giving me... well I'll be surprised if I receive any of it.
    TSB: £4900
    Virgin: £4700

    Today is the first day of the rest of my life...
  • plinky1
    plinky1 Posts: 34 Forumite
    CMAC wrote: »
    The Welfare Reform Bill is weeks away from becoming law the last amendment I read makes it a criminal offence not to report a change of circumstances This might help you


    This is fair enough...but as the CSA do not seem to do anything when people call or follow things up when they say they will, how will a NRP ringing in and telling them about a change of circumstance be acted upon.

    The way I see it and I think alot of other NRPs will feel the same as you would think that the CSA workers were on commission (pretend not to take the call and slap a DEO on them, without their knowledge).
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