Has anyone Won/Lost a Variation application?

PlayingHardball

I know this is a very complicated legal/lengthy process, but has anyone succeeded or lost going down this route? (With any type of variation)

Any input would be greatly appreciated.

kelloggs36

what grounds?

PlayingHardball

Income over 65,000, or lifestyle inconsistent as he has a nil assessment, but high earnings (but out of the jurisdiction of a CSA assessment).

AnxiousMum

How is he out of jurisdiction of a CSA assessment?

PlayingHardball

Works in another country, a non UK employer (remember me? REMO girl, but getting nowhere)

AnxiousMum

That's what I thought! Yes, I have won an order for variation through REMO - using the court here, and the laws of the country he resides in - I believe we are talking the same country, and possibly even same province?

PlayingHardball

LOL, I'll pm you as I don't want to say too much just in case he has found this useful forum too!

My question is regarding a variation which would be applied for through the CSA

AnxiousMum

I have replied to you

PlayingHardball

Anyone have experience of variations?

kelloggs36

What evidence do you have of his assets over 65k?

AnxiousMum

Can you find out if, in his country of residence, they can impute an income on him that would be more consistant with his lifestyle? When I did my variation here against a nrp in Canada, I basically just showed them what the laws were there and applied for variation under Canada's guidelines. They aprpeciated this, as it meant that when it went to court in Canada - they would likely go along with what was ordered provisionally, as it matched their own laws. Way back when child support was a new issue - his income miraculously dropped from over $100,000 CDN per year, down to 35K, then 12, then 3 per year. The court saw through this and imputed an income on him - stating that in the past he had been capable of earning X dollars, so his child support was still payable on those amounts. Basically he was doing lots of cash jobs and not declaring his income. Do you know, or can you find out, if the courts in your ex's country of residence can do the same thing?