xH living abroad - can I use the CSA??

Lea74

Hi, So had a consent order for child maintenance from October 11 and in November 2012, xH said he could no longer pay child support. (surprise surprise - almost a year to the date)

So xH paid child support for a year and hasnt since. He has a limited company in the UK and apparently made only £2000 n the last tax year. He is a marketing consultant with a daily rate of approx £500.

He has a house in the UK (his new wife's ex husband's old house) however they live majority of time abroad. He flies back each other weekend to see my kids and stays at the UK home.

What is possibility of using the CSA to get any form of child support? He pays nothng, nil, zero, zip - wont even contribute to buying a pair of school trouses. (he needs the funds for the family skiing trip - third one this year).

Sorry I probably sound really bitter, but actually would just like my kids father to be a responsible parent and make a contribution towards their upkeep. TBH we are on the brink of losing our house so I really need his help.

kevin137

He has a house or she has a house..... If it is in his name then you may be able to claim something on a variation, but only if you have a case in the UK. It doesn't matter what the company earns here and who owns it, it could be a limited company earning £1,000,000 profit and he is the sole owner, if he is resident abroad, the CSA will not entertain opening a case, as he will simply state, that it is a limited company and i am paid as a consultant abroad and you can't touch me...!

You will need to go down the route of REMO

It helps to know what country he lives in, as there are some that don't play ball with REM, but everywhere in Europe does, as does the USA and others...

Don't give up hope, but don't give up either...

How long was the consent order for...? Was it dated for exactly a year...? Or something different, it may be that you can still apply back to the curt for an extension. Not sure how that works but others may...

mum2one

I totally agree that he should pay towards the mainatance of his children, whilst there are absolutely brilliant parents who would do everythig for their children, there are those parents that will find any excuse, - don't give up hope, - I know its not much help but my cousin, her sons now lates20s, she had a letter from CSA they have finally caught up with her ex and he has been landed with a massive bill and must pay.

I'm waiting for excuse 1001 from my ex! but def go down the property route and see of you can do any digging as to whether there are any interests in the UK.

Lea74

Thats a great idea. Sorry probably a dumb question but how can I find out who owns the property?

Lea74

kevin137 wrote: »

He has a house or she has a house..... If it is in his name then you may be able to claim something on a variation, but only if you have a case in the UK. It doesn't matter what the company earns here and who owns it, it could be a limited company earning £1,000,000 profit and he is the sole owner, if he is resident abroad, the CSA will not entertain opening a case, as he will simply state, that it is a limited company and i am paid as a consultant abroad and you can't touch me...!

You will need to go down the route of REMO

It helps to know what country he lives in, as there are some that don't play ball with REM, but everywhere in Europe does, as does the USA and others...

Don't give up hope, but don't give up either...

How long was the consent order for...? Was it dated for exactly a year...? Or something different, it may be that you can still apply back to the curt for an extension. Not sure how that works but others may...

Hi,, thanks for the reply. There was no time limit on the consent order but he knows that after a year, it can be changed or it can be now referred to CSA. I have threatened him with CSA and he told me to go for it - he doesnt have the money so it wouldnt help. I have chatted to my solicitor regarding this and she has said go the CSA. I have never had proof of no income but have seen his financial documents on Companies House which has shown his income which I am sure he will use on CSA forms. TBH my solicitor wasnt that helpful - I owe her a massive bill so think she has washed her hands of me (dont blame her really). I cant legal aid and dont want to go back to court - I just dont have the funds.

I have chatted to the CSA and they have said that they dont think that they can do anything about it but did send me all the forms to complete to start an investigation. I didnt complete them, as was hoping that ex would come to his senses (I am always stupidly hopeful). Anyway it is now coming up to a year without child support and things are getting really tight. Given his lifestyle etc etc etc and with a new baby on the way he cant possibly not have any money or an income. Surely his new wife is not stupid enough to support him for the past year along with all ski trips and holidays etc. My children (thankfully) are very well looked after at exs, whereas have holes in their undies at mind (well not literally but you get the picture).

Not sure if I should go ahead and fill out CSA forms and see what happens, nothing ventured nothing gained I supppose.

kevin137

Do NOT fill out anything or apply through the the CSA until you have had sound legal advice...

You may well do more damage than you do good...

It is almost 99% sure that he will evade the CSA, but with a good solicitor and an application back to the court the consent order was granted, that you could in fact get an attachment to his so-called earnings, or if the only director to the company for any money owed or any property owned...

Sound legal advice is a must in this..!

If you contact the CSA and they attempt to open a case, i believe that regard of address they may well have to contact the court and absolve the court consent order to take jurisdiction, of which they have none if he lives abroad...!

It is also possible that the consent order could be enforced using REMO in the country he lives... Again, you need sound legal advice for this...!

Lea74

kevin137 wrote: »

Do NOT fill out anything or apply through the the CSA until you have had sound legal advice...

You may well do more damage than you do good...

It is almost 99% sure that he will evade the CSA, but with a good solicitor and an application back to the court the consent order was granted, that you could in fact get an attachment to his so-called earnings, or if the only director to the company for any money owed or any property owned...

Sound legal advice is a must in this..!

If you contact the CSA and they attempt to open a case, i believe that regard of address they may well have to contact the court and absolve the court consent order to take jurisdiction, of which they have none if he lives abroad...!

It is also possible that the consent order could be enforced using REMO in the country he lives... Again, you need sound legal advice for this...!

Thanks. That was why I didnt go through the CSA to start off - the consent order will become void and this may for no reason as I am sure that he will avoid the CSA and declare a very reduced income.

Lea74

Had a check and the house in the UK is in new wife's name so no he doesnt have any assets.

Grrr....

kevin137

That doesn't negate that he has a consent order with no date for it to expire on it...

I am not upto date with REMO, some on here are, but good legal advice will soon sort out the ability to have it enforced under REMO in the country he resides. Or enforced against the company he owns if registered as a director...

You have other options, so book 30 minutes with a solicitor and get it started, yes it may cost money, he may well say that it can be done here with no representation and you can do yourself, the point is, that you have choices at least....

And i am not so sure that the house would escape either, if the house provided as a divorce settlement and the the rest was funded by mortgage in her name, then the court could expect to have paperwork provided to prove funding was not from him. If it was funded using his money then it can be attached i believe... But the court will deal with that regardless of him attending or not...

http://www.cmoptions.org/en/options/courts.asp

And as for him not following up and just not paying according to the consent order, the court can order... So still enforceable in my eyes...