What happens with NIL Liability?

PlayingHardball

Hiya, would appreciate some advise - when I informed the CSA that my ex (the NRP) had left the UK to work abroad for 2 years, but intended to come back, they closed my case.

I have now been told by the CSA that they closed my case incorrectly, and the case will now be reopened with a nil liability.

What exactly happens with nil liability, is it just as it sounds? I don't understand. I do have a REMO in place, although it has been 10 months and no news on that. (If anyone knows if arrears accrue with REMOs, I'd appreciate knowing that too?)

Many thanks.

kelloggs36

It is a nil liability because the CSA do not have juridiction to calculate maintenence whilst he is abroad. However, they can still calculate if the NRP works for a UK company abroad as they are classed as still being resident here.

PlayingHardball

He doesn't work for a UK company so basically, a nil liability means he gets a holiday from paying child maintenance whilst working abroad? That would be a great incentive for all those non-paying NRP's to have a working holiday abroad, wouldn't it? Unless of course REMO kicks in, but I've yet to hear one success story of remo. (Even my guy at the CSA said he only heard of a success once!)

If the case is open, does the CSA have the jurisdiction to chase arrears whilst he was out of the country, if I don't succeed with remo?

And, I hate to ask this next question because it will sounds terrible, but do the CSA take into account income from redundancy and UK rental income? I suspect he had a healthy redundancy package from one UK company before immediately going to work for another (lucrative role) UK company.

kelloggs36

NOt redundancy but any payment in lieu of notice is classed as income so they should be charging as normal on that. As far as UK rental income goes, it depends on whether the assets are worth more than 65k AFTER any outstanding mortgage on it is paid off - so if he had say, a 50k mortgage on a property worth over 200k, then the first 50k is ignored and the next 65k exempt, and the rest would be used in the assessment. What do you know about the value of the property?

They can't chase the NRP out of the country as far as I know - they will wait until they get back before they chase for any arrears.

Try out REMO - yours just may be a success!

PlayingHardball

I think I know the value of his house, but wouldn't have a clue about his situation regarding mortgage and remaining assests, so I will ask the CSA to take all of this into consideration when deciding his final arrears amount. It may be that I'm entitled to a % of rental income as he is getting paid this in the UK. I was told when I asked this question of one of the many CSA people at Dudley that 'no, rental income is not considered under any circumstances'. Urg, don't these people get full training?

My Remo left the magistrates court in November 2008 and I have heard nothing to date, despite asking the court for updates.

Re: chasing arrears of NRP out of the country, under new CSA authority granted (I'm told) they can chase arrears if they have a known address abroad. They have established his arrears and have now written to him to request payment of this ...(he won't be feeling too happy when he gets this letter:-)

At least it will a good reminder to him that I'm 'not going to go away'..lol.

They will give him 14 days to respond and after which time he will be referred to the Agency's enforcement team for a LO. I hope I will have a bit of success eventually - for my daughters sake.

Thanks for all your very helpful advice Kelloggs!

kelloggs36

You will need to apply for a variation on the grounds that he has assets capable of producing an income.