CSA + REMO powers and the loopholes!!

mac2lrk

Hi
Here's a brief overview of my situation
Ex is a merchant seaman - he works for a very wealthy American who yachts are registered in the British Virgin Islands, whose company also based in the British Virgin Islands pays my ex.
My ex tells the company how much money to pay me and transfers the maintenance directly into the bank account, which incidentally is still a joint bank account. He is rarely in the UK to authorise the change. The payments is in Euros

We have 2 children and are now in a dispute over maintenance. His solicitor enjoys sending threats over maintenance, the debts, the house etc and the amounts he will pay because he isn't legally obliged to pay anything. In the last letter to my solicitor stating
"your client would suffer extreme hardship if my client withdraws his offer , which he can do as he is not under any jurisdiction to do so".

This is because merchant seaman appear to fall into a loophole.
The CSA says because he is paid in Euros they cannot help. Also he would have to supply a UK address - I told them he jointly owns our house and still has the joint bank account.
REMO say the although BVI are part of the agreement, the yacht is not considered residence and because it isn't in BVI waters all the time.
HMRC stat he isn't liable for tax because he doesn't spend 183 consecutive days in the UK. He earns EUR5,500 per month and has no outgoings as he lives aboard the yacht!!!!!!!!!!!!!!!

I think this is a terrible situation because he can just stop paying for his children, or send any amount he wants and have no comeback. He is a UK citizen and more importantly his 2 children are UK citizens.
He is has left me with the mortgage,2 children he rarely sees, and £28,000 of debts to pay including £13,000 charge order on the house in his name.
My solicitor thinks although a Court order could be issued, enforcing it would be near impossible.
ggrrrrrr.
Sorry for the rant but its so unfair.

DUTR

2 children are 20% net, so it is something you ought to think strongly about if you are indeed getting more than that already.

EclipsedMind

I can understand your frustration but despite the length of your post I could not work out a few things. Are you actually divorced/were you married? I assume the spat is over a settlement as you mention the house/debts/maintenance.

Why do you have a joint account as it sounds like things are acrimonious? I hope the account has a limit to stop it being overdrawn and only the maintenace ever goes into it. Remember joint means you are liable for any debts he runs up on that account.

You did not say how much he actually pays so whilst you say it is too little we have no reference to determine this compared to teh CSA rates if that is the case. I guess the salary figure is gross based on your comments re taxation. Does he pay tax in the BVI or somewhere else and is that speculation or you know for sure? I would be skeptical of the no outgoings as clearly he will spend during time in port and he may have liabilities abroad perhaps?

From the situation you describe it would appear you are between a rock and a hard place. He clearly has the upper hand and he and his solicitor know so it might be better to negotiate and try and keep things more civil and save yourself a huge legal bill.

You are right about him being able to withdraw support on a whim but tbh some NRP do that anyway and it can take a very long time for teh CSA to nail em so you are not a lot worse off. Try to keep him involved with the kids by sending letters/email/photos and such as its harder to walk away from them if he has a clear emotional connection. If he sends the kids a gift make sure he gets a thank you note and/or picture of them with the item. Think of this as a game if you need to but your goal is maximise his contact with the kids and his financial contribution. As IMHO if he cuts contact he will find it easier in his mind to rationalise non payment and saddling you with all the debt (I assume its in joint names) so don' let him lose touch. Set asside your feelings (you can hate him in private) and keep calm in your dealings with him. The kids can make their mind up later on what they think.

Well thats what I would do in your situation but obviously I don't know all the facts.

Best of luck.

EM

Kimitatsu

Why are you paying his debts? If they are in his name then provide his details to the relevant companies and stop paying them.

Does the company have a UK pay office? If they do then a DEO can be enforced if not then the fact you are getting anything at all is a bonus I am sorry to tell you.

You could issue a court order but if he has no real residence then how can it be enforced? Will he not sign over the house in lieu of maintenance? That could be your best option to explore then you wont have to worry about payments every month.

Change your bank account to a sole account today! If you are seperated on whatever level then you are leaving yourself in a vulnerable position allowing him access to your financial data, and will be financially linked on all credit reports.