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

kevin137

If he lied on the previous assessment that is what you need to get changed, that changes the assessment, and he will be notified, not to sure the end date would stay as is, or if he would have to respond, as effectively if he is reassessed from before the change, then he would need to notify for again for a change to stop that assessment at the same date...

And if he doesn't respond to any paperwork, then he might not be able to stop anything that changes...

Someone else may be able to shed more light on it, but i would of thought if you prove he lied and the assessment changes, then the end date would of been open, not when the current one he lied on ended... So it could go up a lot...

I may be wrong. But if you play the game like that, i guess you take the risk of ending up with big arrears...

HoneyNutLoop

The CSA should close the case from the date they decide the NRP is no longer habitually resident in the UK. It doesn't matter if they are told now, or told in a year, it's about the date the NRP ceased to be habitually resident. From that date, the CSA no longer have jurisdiction to calculate maintenance and so the case cannot go on after that date. There is nothing to stop you telling the CSA about this change for them to get the ball rolling now, you don't have to wait for the NRP to tell them. I also would not delay starting the REMO process now you have confirmed he is no longer habitually resident, because it can take a long time for that action to result in an order, and then in payments.

Regarding the assessment(s) in place prior to the NRP leaving the country, if the NRP misrepresented (lied) then there is no time limit for those assessments to be changed to reflect the truth, irrespective of if the case is open or closed. However, if the NRP has truthfully answered the questions asked of him, but not volunteered additional information about his means, that is not misrepresentation.

For example, if he was asked to provide evidence of his income from his employment with "abc" and he did that truthfully, but he failed to mention he had a second job or tax credits, etc, and no-one asked him about these things, then misrepresentation has not occurred. However, to continue the scenario, if the CSA had asked "do you have another job/form of income?" and he said no, but he did, that would meet the definition of misrepresentation.

If misrepresentation has not occurred, and it's more like the first half of the above scenario, it will depend on the amount of time that's passed since the assessment was made as to whether or not it can now be changed. The law prescribes a maximum time limit of 13 months from the date an assessment is made for it to be disputed with the CSA or appealed to HM Courts and Tribunals Service. If that time limit has come and gone, the CSA definitely will not consider the dispute. HM Courts and Tribunals service might still consider it, if they consider it "in the interests of justice", but that is a very outside chance.

splashproof

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

wayne0

BTW: if you have informed the CSA that he has moved to another country. then they will have to work on the basis that he is no longer habitually resident (whether or not they will is another story) but EITHER parent can inform the CSA about a change of circumstances

(award letters actually make it clear that EITHER PARENT should inform the CSA about a change of Circs which they are aware of. - however, it will tend to be "will this benefit me? no? well foook it")

kevin137

Just to make it clear, a case cannot actually be closed with the CSA if arrears are owed, they just suspend the case and notify the NRP.

But a case under current legislation can only be suspended not formally closed...

splashproof

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

Lindyb2013

My ex husband left the armed forces to get a job doing close protection. He lives in the uk but works out of the country in Iraq for a few months at a time. The csa have said he is habitually resident but that an accountant has claimed he is not responsible for uk tax and therefore he his given a nil assessment. His employer is not a uk company, and he gets all his money put into an offshore account, hmrc couldn't confirm this for me as he would have to do a tax return in April. Is there anything I can do? The csa says not, my solicitor dealing with the divorce says maybe but it wasn't something that could be looked at yet. This is so frustrating as he is earning very good money yet doesn't have to help support his two children. Any help would be greatly appreciated.

kevin137

It can be dealt with as part of the divorce as the CSA do not have jurisdiction. however there are many pitfalls with this, and i would normally advise a man to open a CSA case before going to court.

However, you can CLOSE the case, get it in writing. Then in your divorce petition for Child Support as well at the same time, this will be calculated and enforceable, however, 1 year and 1 day after the order from divorce either you or he can make an application to the court. This would supersede the court order and cancel it from that point.

The pitfalls are as follows, you could get a lump sum in leu of payment and then apply for CSA, it means he would pay twice (subject to CSA having jurisdiction), which is why i advise to open CSA case prior to court, then the court does not have the power to rule. Also, he could apply to open a case but if he is not habitually resident then he can't, the CSA have already ruled he is, just not earning money...!

You also have the possibility of making an application through the CSA for lifestyle not consistent with means, so if he shows no income, then how is he living, they can assume he earns money and make an order for that amount, but you need to make that application as it only goes from the date you apply...

Speak to your solicitor, to find out what the chances are in court for CS if so close and go that route, if no chance then make the lifestyle application through the CSA.

Lindyb2013

The csa know how much he is getting, they have received financial evidence from his accountant. This apparently proved he was not liable for uk tax, therefore they had to give him a nil assessment. He appealed his arrears but then withdrew it at the last minute and paid them. He will have to fill I a uk tax return in April, but I imagine they will find him not liable for tax either. I'm told that on case 2 rules if he doesn't have to pay uk tax then the CSa are limited in what they can do. Maybe a lifestyle variation is the way to go.