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Liability of NRP if working abroad, but still owns home in UK.

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splashproof
splashproof Posts: 152 Forumite
edited 3 February 2013 at 12:01PM in Child support
Having established the NRP involved in this case also views the forums, this post as been removed.
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Comments

  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    If NRP has a child no matter where they are in the world or however much in assets they have they should still be paying something in child support.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • splashproof
    splashproof Posts: 152 Forumite
    edited 3 February 2013 at 12:01PM
    Having established the NRP involved in this case also views the forums, this post as been removed.
  • Crellow4
    Crellow4 Posts: 276 Forumite
    The CSA will need to establish whether your ex is habitually resident in the UK. If he is they will still have jurisdiction. The money earned from his job abroad can be treated as income following Commissioners decisions on the subject.
  • splashproof
    splashproof Posts: 152 Forumite
    edited 3 February 2013 at 12:02PM
    Having established the NRP involved in this case also views the forums, this post as been removed.
  • kevin137
    kevin137 Posts: 1,509 Forumite
    I would not be too sure how it works, but if the NRP has Assets in the UK over the £65,000 then surely that could be applied for via the CSA as a variation... Or the income from the rent could be used as income...

    Not too sure how it would work with notifying the NRP as he would have to be notified...

    However, if there WAS a claim, then for it to be closed, he would have to satisfy the CSA that he was in fact moving to somewhere else outside of the zone they hold power over, as such this would involve him providing proof. And i would assume, as i did, that that would include a forwarding address. So if they have an address he can be notified of a change of circumstances in applying for a variation against the property still held and they could open a case against him..

    I would not hold my breath though...
  • galangm8
    galangm8 Posts: 149 Forumite
    If the NRP owns a house in the UK, but works in Europe, are they still liable to pay child support ?

    Since June 2011 CSA assessments or a court order can be enforced within the EU.

    Why have the CSA assessed at NIL? Is it because he has left the UK and therefore 'no longer in force' not NIL or because he has no income in the UK. Are there any arrears?

    A property owned in the UK can definitely keep him as habitually resident I was told by CSA, but silly boy removed his name from the deeds 2 weeks before he 'left', leaving just his partners, that's still out with the jury ;)- (appeal very soon), have you checked his deeds at land registry yet?

    Form D85 from the county court is used to trace overseas payers out of the EU and the Judge ordered the CSA to release 'his' full address to the court and my order was made week before Christmas.

    Ask for which form for within the EU.

    How do you know he has flitted to the EU?
  • splashproof
    splashproof Posts: 152 Forumite
    edited 3 February 2013 at 12:02PM
    Having established the NRP involved in this case also views the forums, this post as been removed.
  • kevin137
    kevin137 Posts: 1,509 Forumite
    Well if he hasn't notified them, and the property is rented out that he owns here, then go after the property...! He is after all for all intents and purposes still resident in THIS country...!!! So if he fails to respond to any mail, he could never give i was not here as an answer as he is legally obliged to notify them of a change of circumstances....!!!
  • splashproof
    splashproof Posts: 152 Forumite
    edited 3 February 2013 at 12:02PM
    Having established the NRP involved in this case also views the forums, this post as been removed.
  • kevin137
    kevin137 Posts: 1,509 Forumite
    It certainly isn't so simple, but it sounds like it has been left as a NIL assessment with the OLD address as his primary residence.

    If this is the case, then make an application for a variation of lifestyle not consistent, and or assets over £65,000.

    They will write to him at the address he last gave, he will have 7 days to respond, although technically as long as he does this within 28 days it would be ok, if he does not respond, then they can make judgement against him and arrears will start racking up. This doesn't help you get any money now, but it puts you in a string position for the future regarding his behaviour.

    And it will cause him no end of grief to put right that is for sure. And if he really is out of the country, then he is going to struggle to do this, as all the time he contests this, he will have to give a postal address which you could use to apply for REMO through the courts, thus closing the claim with the CSA if you wanted...

    He can't have his cake and eat it, and to abscond in this way with legal liabilities for his children is despicable...!
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