CSA help!!!

lou251004

Hi, I just been told from someone that if the father works in Norway & pays Norweign Tax but still has a property in the Uk he dosn't have to pay Child support can anyone tell me if this is true,, many thanks

Zara33

lou251004 wrote: »

Hi, I just been told from someone that if the father works in Norway & pays Norweign Tax but still has a property in the Uk he dosn't have to pay Child support can anyone tell me if this is true,, many thanks

Norway is part of REMO start the process.


Reciprocal Enforcement of Maintenance Orders or REMO is the process by which maintenance orders made by UK courts on behalf of UK residents can be registered and enforced by courts or other authorities in other countries against people resident there.
This is a reciprocal arrangement governed by international conventions, which means that foreign maintenance orders in favour of individuals abroad can likewise be registered and enforced by UK courts against UK residents. The precise nature of reciprocity available between the UK and another jurisdiction depends on the convention or agreement to which the other country is a signatory

Further info required follow the link http://www.csa.gov.uk/en/case/remo.asp#jump-n

Colin_London

Zara33 wrote: »

Norway is part of REMO start the process.


Reciprocal Enforcement of Maintenance Orders or REMO is the process by which maintenance orders made by UK courts on behalf of UK residents can be registered and enforced by courts or other authorities in other countries against people resident there.
This is a reciprocal arrangement governed by international conventions, which means that foreign maintenance orders in favour of individuals abroad can likewise be registered and enforced by UK courts against UK residents. The precise nature of reciprocity available between the UK and another jurisdiction depends on the convention or agreement to which the other country is a signatory

Further info required follow the link http://www.csa.gov.uk/en/case/remo.asp#jump-n

This sounds right. It needs to be agreed by authorities in Norway for enforcement to take place - read through this presentation I just googled:

http://www.acf.hhs.gov/programs/cse/international/country/norway/overview_norway_with_notes_final.ppt

Quote:

Ÿ Norwegian authorities have the jurisdiction to establish a child support order
• if the child or one of the parents lives in Norway
• most of the child support orders are established administratively
• we establish child support orders only if the parties do not make mutual agreement on the child support amount

However, a bit ominously:


Quote:

• According to the Children Act, Norway will always have jurisdiction to establish a child support order when one of the parties or the child lives in Norway.
• This means that a request for establishment of a child support order from a foreign country is independent of the requesting country being a member of one of the conventions or the existence of a reciprocal agreement

Zara33

Colin I cannot open your link for some unknown reason, however from the csa link:
How to apply

A UK resident who wishes to apply to obtain maintenance from a person overseas should approach

• their local magistrates' court (or county court where the order was made) if they have an existing court order for maintenance; or
• their local magistrates' court if there is no existing order

They may apply for their order to be enforced in the country where the payer resides. Procedures also exist to enable an applicant to ask the foreign authorities to create an order for maintenance on their behalf. There is no need for the applicant to engage a solicitor. Court staff will help the applicant and will forward the application to the relevant authority. The authority will check that the application is in order and send it to the foreign authority or court for registration and enforcement against the person living there.

NACSA_CHAIR

If the NRP has a property in the UK the CSA can deem him as being habitually resident and thus can still pursue him for maintenance. REMO is your only other option which involves the courts between the two countries.

Colin_London

Zara33 wrote: »

Colin I cannot open your link for some unknown reason, however from the csa link:
How to apply


A UK resident who wishes to apply to obtain maintenance from a person overseas should approach

• their local magistrates' court (or county court where the order was made) if they have an existing court order for maintenance; or
• their local magistrates' court if there is no existing order

They may apply for their order to be enforced in the country where the payer resides. Procedures also exist to enable an applicant to ask the foreign authorities to create an order for maintenance on their behalf. There is no need for the applicant to engage a solicitor. Court staff will help the applicant and will forward the application to the relevant authority. The authority will check that the application is in order and send it to the foreign authority or court for registration and enforcement against the person living there.

Zara,

It's a Powerpoint presentation, so if you don't have Powerpoint installed you need to download a free viewer first to open the file:

http://www.microsoft.com/downloads/details.aspx?displaylang=en&FamilyID=048dc840-14e1-467d-8dca-19d2a8fd7485

The presentation is written by the Norwegian equivalent of the CSA for some american recipients, but the info it contains is useful in this case.

The REMO process the OP should follow is as you suggest assuming she has been unable to reach a private agreement with the father. Not sure about NACSA CHAIRs advise though - he may have a property in the UK but it may be rented out, and he may never visit the UK......

NACSA_CHAIR

Owning a property in the UK can give grounds to presume there is habitual residence in the UK irrespective of whether the property is rented or not. The CSA are almost certainly going to take jurisdiction on the grounds of deemed habitual residence, and it would be upto the NRP to challenge the decision through the appeal process. We have a couple of cases going through appeal at this very moment which involve clients having lived overseas for many years, but owning a property is creating them the problem.