Maintaince when absent parent abroad?

Connie1234

Hi, can anyone help. My ex partner lives is Afghanistan working in private security. He has been paying maintainance, but the amount varys from month to month, despite the fact we initially agreed a set amount, and he likes to use this as a power and control tool - "be nice to me otherwise we might have to re-negotiate your maintainance". He earns a huge amount of money, tax free, and also has an army pension.

The CSA have no power, as he is a non-uk resident, and so far it seems that I have little or no power myself. He can and does get away with threatening me in this way. Obviously I cannot live like this. I am bringing up two children and need to know what income I have each month,

Does anyone have a similar experience and does anyone know if there is anything I can do to help my circumstances ?

kevin137

Does he own a home in the UK...???

Most self employed people in the security sector, spend little more than 6 months abroad, and if that is the case, and he owns a home in the UK, then he can be deemed "habitually resident" in the UK and the CSA can indeed assess him as having an income even if he provides no info...!!!

Just an idea...

Connie1234

Thanks for your reply Kevin. We jointly own a property that I am currently buying him out of. He is actually registered as a non uk resident, and as such can only spend so many weeks in this country, so don't think habitually resident would apply?

shoe*diva79

Does the Remo process apply to Afgan?

Connie1234

Remo ? Not familiar with that one ?

Connie1234

Ahhh just googled it - sadly Afghan not a part of that process.

shoe*diva79

I dont think there is anything you can do then other then a private agreement.

kevin137

Connie1234 wrote: »

Thanks for your reply Kevin. We jointly own a property that I am currently buying him out of. He is actually registered as a non uk resident, and as such can only spend so many weeks in this country, so don't think habitually resident would apply?

Can i ask a personal question...???

Where you married, or just cohabiting...??? It may be worth getting a solicitor involved and exploring the legal avenues for a legal separation that takes into account the fact that he has a child and refuses to pay, courts can still do this unless the CSA is involved, and where property is concerned...

You may find this is financially better for you certainly in the short term...

Legal separation can take account of future child support...!!! And he can't prove payment if there isn't any thus making it easier to get on the separation and division...

Connie1234

Thanks for your help guys. We were not married. A legal separation is not possible due to his location - it would cost a bomb in legal fees. We had reached a private agreement, but he does not stick to it and I have no power at all to enforce it. Basically he can do whatever he wants and gets away with it because there is nothing out there to protect my kids ?

kevin137

I would still try to find out what i could about the property and moving it into your name entirely, as it stands if it is in joint names then he has a hold over you and can do what he likes (within reason) which affects you...

It needs to be addressed and can be done yourself if you are competent and read enough about what needs to be done... As for him having to attend, if he wants anything from the property then he should otherwise he could lose it...!!!

Look and see what you can do...!!!

shoe*diva79

Connie1234 wrote: »

Thanks for your help guys. We were not married. A legal separation is not possible due to his location - it would cost a bomb in legal fees. We had reached a private agreement, but he does not stick to it and I have no power at all to enforce it. Basically he can do whatever he wants and gets away with it because there is nothing out there to protect my kids ?

With regard to CM, thats exactly it.

I would look at a free 30 mins with a local solicitor to figure out your position with the house.