NRP most of the time not Habitually Resident???

wayne0

galangm8 wrote: »

Thank you Wane for replying.

No, NRP does not have to be in the UK to collect, CSA have and are collecting the arrears I racked up (£5,000) by DEO on his UK Army pension,

csa cannot collect maintenance owed whilst he is away, whether they are legally allowed to collect debt is another matter.

if i inform csa that i no longer live in the uk, and as long as i do not work for a uk company etc, then the csa would have to close my case. (unless i owe arrears)

its as simple as that.

REMO is not the CSA. remo is via the courts.

army pension is not the same as being part of the armed forces also...

but basically: csa are the only maintenance proceedure that do not take a nrp living expenses into account...

remo/courts/etc do.

kevin137

But earning are EARNINGS regardless of where he lives, it is UK TAXABLE income surely...

galangm8

wayne0 wrote: »

csa cannot collect maintenance owed whilst he is away, whether they are legally allowed to collect debt is another matter.
[/B]

[B They can and have legally collected thousands in arrears to date.[/B]


if i inform csa that i no longer live in the uk, and as long as i do not work for a uk company etc, then the csa would have to close my case. (unless i owe arrears)

its as simple as that.

CSA/HMRC obviously have to make checks to verify that someone has in fact left the UK, otherwise there would be a lot of people trying to dodge their responsibilities, wouldn't there?

REMO is not the CSA. remo is via the courts.

Correct - who said it wasn't?


army pension is not the same as being part of the armed forces also...

Please can you explain the difference?(I take it you mean 'part of' to mean 'member'[/B]


but basically: csa are the only maintenance proceedure that do not take a nrp living expenses into account...

CSA1 do - NRP sold his mortgage free house and obtained a very HIGH mortgage to increase his housing costs (which is not allowed), so he got off lightly for the first 5 years.

remo/courts/etc do.

I attended the Magistrates Court to have a Maintenance Order (REMO) issued, just 26 days ago and NRP's expenses weren't even mentioned.

galangm8

kevin137 wrote: »

So can you explain if this "pension" is assessable or not...? I know it is attached for arrears, but if it is taxable in the UK is it not assessable, or is it different for the army, i always thought a pension could be attached as income as it is PAID in the UK...

No ALL of his UK pensions are NOT assessable, MOD, Occupational or even his state pension even though they are all taxable.

kevin137

This is ridiculous, the CSA use HMRC for assessable income then say it is not assessable...!

wayne0

galangm8 wrote: »

I attended the Magistrates Court to have a Maintenance Order (REMO) issued, just 26 days ago and NRP's expenses weren't even mentioned.

surely they took into account his incomings and outgoings? - was he present? - perhaps his "disposable income" was presented?

and by armed forces i mean:
the CSA can only count him as being resident, (even if outside of the uk) if it he a serving member of the armed forces posted abroad.

Im guessing the 300 DEO was because of arrears and not current liability? - that must be one hell of a payout though (max DEO being 40% by law)... surely this guy is an egit for not supporting his kids... (he has AT LEAST 750 quid from his pension... NET?)
(40% is net right... they can only take 40% of net pay)

@Kevin...
Income is income, correct... and whilst it might seem like i "support nrp's" i simply believe the CSA should be a "fairer system"... (i paid my "dues" from my employment to ex before she went to csa - the CSA consider tax credits as income - tax credits are not taxable....)

galangm8

kevin137 wrote: »

This is ridiculous, the CSA use HMRC for assessable income then say it is not assessable...!

CSA took 4 and a half years to tell me, they cannot touch any of his income unless - "NRP is actually employed (any job) to include his income".

Obviously he is not working as he does not need to any more.

galangm8

wayne0 wrote: »

surely they took into account his incomings and outgoings? - was he present? - perhaps his "disposable income" was presented?

No he was not present. CSA copied his bank statements to me during our Tribunal, verifying his UK income being sent to him each week. All his income is disposable, you don't have mortgages at his age after he had his 300,000 mortgage free house here, had his final salary scheme, army pension, state pension,etc, etc.,

The only thing the court was concerned about was how his CSA assessment could not have been £150pw when he left, of course it was why do you think he scarped and when she saw that he was paying a few quid a week arrears (by DEO I might add), she sort of went "Awhh".:p They just haven't got a clue.

and by armed forces i mean:
the CSA can only count him as being resident, (even if outside of the uk) if it he a serving member of the armed forces posted abroad.

That is exactly what it does not state - it does actually say 'must be a member of the armed forces'. How would you define member Wayne?


Im guessing the 300 DEO was because of arrears and not current liability? - that must be one hell of a payout though (max DEO being 40% by law)... surely this guy is an egit for not supporting his kids... (he has AT LEAST 750 quid from his pension... NET?)
(40% is net right... they can only take 40% of net pay)


Yes that is for arrears, arrears that he never knew anything about, but as he refuses to pay voluntarily so I found some...

They called him 3000 miles away advising him of such, advising that they were to set up a DEO and he said no and wanted to pay in full, which he did.

All that made me think was 'What has he got to hide?'

Now I know it was his REAL address. CSA also informed me he is receiving a pension from the country he resides in also.

wayne0

he would have living expenses... - food, clothing, gas elec ETC. the fact he wasnt at court - perhaps he didnt put a claim in for this...


a membeer of the armed forces i would assume means that they are an actively serving member - not an ex member. who now recieves a pension?


hmmm, you found arrears, and he knew nothing about them?

doesnt this sound a little iffy?... hmm - case of he paid and you said he never or?

also, i thought CSA cannot backdate an assesment prior to a change of circs report~?

galangm8

wayne0 wrote: »

he would have living expenses... - food, clothing, gas elec ETC. the fact he wasnt at court - perhaps he didnt put a claim in for this...


a membeer of the armed forces i would assume means that they are an actively serving member - not an ex member. who now recieves a pension?


hmmm, you found arrears, and he knew nothing about them?


doesnt this sound a little iffy?... hmm - case of he paid and you said he never or?

also, i thought CSA cannot backdate an assesment prior to a change of circs report~?

There was nothing iffy just the truth. The account was clear, no arrears, he was paying nothing, living wherever he was and there were some errors I knew were made years ago, so I got them to reassess, which they did.

When they contacted him and said they were going for a DEO, he said no and offered to pay all arrears in full, which he did, but you know the CSA - they give him the WRONG figure.

When I got them to correct it they phoned him again 1 Nov and he was livid shouting he did not have any arrears, he did not have to pay ever again and the caseworker had to end the call.

Then they issued the 300pm DEO, which by the way is not 40% of his pension, his pension is at least 1600 per month and that's just what we know about and the CSA verified, so it's not exactly skinting him.