CSA order in place and he goes and works abroad.

PlayingHardball

manglesey25 wrote: »

The only way with your NRP on child maintenance is negotiation. He wont be short of cash and its all tax free.

By reading the thread in full, you'd see this guy is not about negotiation.

PlayingHardball

Kimitatsu wrote: »

The other thing to check is if the company he is working for has a pay office in the UK. If they do then a DEO can be imposed and enforced.

Hi Kim, it would have been great for me if this was the case, the NRP worked in Germany and was paid in Germany - although the company also has an office in the UK (the head office is Germany, but they are in several countries).

Foreign income is not used in a maintenance assessment in the UK, at the moment but this is being challenged and likely to change (I am reliably told).

I hope the OP's god daughter has pursued her claim with the CSA, she is certainly entitled to it and while the NRP is in the UK the CSA can enforce it.

Another route that the PWC could take if she believes the NRP will go to Dubai, is to get a UK court order for financial maintenance for children. This way, even if he does go abroad in a country that isn't a REMO country, debt will accrue and if/when he returns to the UK, the courts would enforce the entire amount owed during his absence.

manglesey25

PlayingHardball wrote: »

Another route that the PWC could take if she believes the NRP will go to Dubai, is to get a UK court order for financial maintenance for children. This way, even if he does go abroad in a country that isn't a REMO country, debt will accrue and if/when he returns to the UK, the courts would enforce the entire amount owed during his absence.

The Family Division in the UK do not send a notice of application to an address outside the UK. Its returned to the claimant who loses their court fee.

Ditto if the notice to the defendant is returned Gone Away. The Court office will enclose a leaflet on how to locate a new address for your defendant.

A maintenance order cannot be made without a means test. and if he is in Dubai, that is not possible.

Kimitatsu

PlayingHardball wrote: »

Hi Kim, it would have been great for me if this was the case, the NRP worked in Germany and was paid in Germany - although the company also has an office in the UK (the head office is Germany, but they are in several countries).

Foreign income is not used in a maintenance assessment in the UK, at the moment but this is being challenged and likely to change (I am reliably told).

I hope the OP's god daughter has pursued her claim with the CSA, she is certainly entitled to it and while the NRP is in the UK the CSA can enforce it.

Another route that the PWC could take if she believes the NRP will go to Dubai, is to get a UK court order for financial maintenance for children. This way, even if he does go abroad in a country that isn't a REMO country, debt will accrue and if/when he returns to the UK, the courts would enforce the entire amount owed during his absence.

We are on CS1 and this is what I was told by the CSA themselves, that if there is a UK office for any multinational then a DEO can be served to that address and the DEO enforced.

For us we didnt need to go down that route but the adviser who was pretty on the ball was very specific.

PlayingHardball

manglesey25 wrote: »

The Family Division in the UK do not send a notice of application to an address outside the UK. Its returned to the claimant who loses their court fee.

Ditto if the notice to the defendant is returned Gone Away. The Court office will enclose a leaflet on how to locate a new address for your defendant.

A maintenance order cannot be made without a means test. and if he is in Dubai, that is not possible.

Your post doesn't apply to the OP in this case

The key to this thread is the NRP is still in the UK, with a UK address.

PlayingHardball

Kimitatsu wrote: »

We are on CS1 and this is what I was told by the CSA themselves, that if there is a UK office for any multinational then a DEO can be served to that address and the DEO enforced.

For us we didnt need to go down that route but the adviser who was pretty on the ball was very specific.

Not sure if there is any difference when it comes to CSA legislation regarding foreign income in the situation we've described between CSA1 and CSA2, but I'll run this by Nacsa to be sure.

Thanks

RedSky

There are some proposed changes to include earnings declared to HMRC when habitually resident within the UK yet paid abroad.

http://www.theyworkforyou.com/wrans/?id=2011-09-06b.69261.h