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

splashproof

Having established the NRP involved in this case also views the forums, this post as been removed.

HoneyNutLoop

This is a complicated area, and without a lot more specific information, I'm afraid it's impossible to give a definitive answer. However, there are two battles here. You may be able to prove to an extent that the NRP could be considered to be habitually resident, but that does not automatically mean he'll have to pay anything, because the law is pretty specific about what the CSA count as income. For foreign earnings to be taken into consideration, they must be subject to UK tax, or paid via a company that is officially registered in the UK.

That latter can be a bit tricky. For example G4S are registered in the UK, but they are a multi national company, meaning they are made up of a group of companies each registered in the relevant country of domain. So someone working for G4S in Africa or the Middle East, etc, is unlikely to be paid by the G4S company registered in the UK.

So proving ties to the UK is one thing, but proving income that can be taken into account by the CSA is quite another. On the assets side, under the 2003 scheme the NRP would need to have equitable assets of at least £65,000. Foreign properties can be taken into account, but any property that is the NRP or one of his children's home is excluded. So if a partner and their child is left in the home in the UK, that propert could not be considered under assets.

splashproof

Having established the NRP involved in this case also views the forums, this post as been removed.

HoneyNutLoop

splashproof wrote: »

In simple terms, are we saying that an NRP could live in the UK, but have income from a company based in Peru (for example) and not be liable for any child support?

No, in that scenario the person would likely be both resident and domiciled in the UK and so would have to submit a self-assessment tax return in the UK for their foreign earnings. See the link below for some more info re: tax on foreign earnings.

http://www.hmrc.gov.uk/migrantworkers/tax-non-uk.htm

splashproof wrote: »

To sum up. Would I be best placed seeking a REMO provided I can obtain an address ?

Because it is a complicated area and we don't know all the facts, it's impossible to say. I would make sure you have given the CSA all the information you know, and make sure they have done their due diligence in trying to establish the facts re: the NRP's situation. This will be difficult, because if the move abroad has just happened, the NRP would not have had to submit a self-assessment tax return yet even if he did still have to pay tax on his foreign earnings. Also, any foreign employer info would not be held by HMRC. Plus you've indicated he's not exactly co-operating, or is that solely on the arrears front?

It may be worth getting some professional legal advice about how best to proceed, because this is not a run of the mill situation. Your biggest barrier will be lack of knowledge about the NRP's circumstances, as without knowing the facts you can't work out the correct route to take. There are however, people on this board who have been through this situation who would probably be well placed to give help and advice. Try typing in REMO on the search here and start reviewing the old threads as a starting point.

It may be that you have to pursue both the CSA and REMO avenues concurrently until the facts of the situation are determined. Obviously if you do apply to the courts for an order while the CSA case is still open, you need to let the courts now about the CSA case and why you are also asking for a court order. They may refuse to grant an order with the CSA case still open, but perhaps it will lead to more investigation to establish the facts of the NRP's circumstances, which would help with the CSA case.

splashproof

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Crellow4

Earnings from companies based outside the UK are now taken into account as Income providing the NRP is habitually resident in the UK. Go back to the CSA and apply for this to be taken into account! If he has a rented house you can also apply for a Variation.

splashproof

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kevin137

In theory, the CSA case would stay LIVE until he notifies them, and debt will be accruing if there is an assessment in place...

So hypothetically, if you can get the assessment changed due to the incorrect info, then they will notify him in writing to the last known address, if he does not respond, then it will stand and he will lose his right to appeal, as there is an assessment he has to notify them of a change of circumstances, this includes address. So he will be accruing more arrears. At the point that the REMO becomes agreed or ordered by the court, then you would have to notify the change to the CSA, however, you do not CLOSE a case, you notify a change and ask for arrears to still be collected. You do this in writing, and make it clear this is to be chased should he return or assets become available...

He is a silly boy if he thinks running will get him out of it, the debt will follow him till the day he dies, and then get paid...!

splashproof

Having established the NRP involved in this case also views the forums, this post as been removed.

kevin137

Submit the REMO now... You stop the claim with the CSA when that is granted...!