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Csa calculations when moving abroad

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  • clearingout
    clearingout Posts: 3,290 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If it's one child, it's 15% of your income, not 20%. Make sure you speak with the CSA about getting the case closed. Get the paperwork in your hand - do this or you will run into trouble when you come back. Keep hold of the paperwork and guard with your life!

    Whether you continue to pay is a matter for your conscience. £500 may well be enough to bring up a 3 year old. Depends. I pay £200 a week for childcare for my children. £500 a month would cover just over half a share in that but it would be me that has to do the running around and have a life that is no longer my own whilst my ex was off abroad and earning a small fortune. If your ex is looking after your children and paying for everything and not asking for extras, be generous as you clearly will be able to afford to be. She will get very little time off if you are abroad and 3 year olds are hard work. If she is financially stable, life will be easier for her which means life for your son will be more pleasant - there is nothing more stressful than struggling for money and worrying about the smallest of problems occurring as you have no idea where the money will come from to sort it.

    Good luck! It sounds like an amazing opportunity to be able to provide for your child into the future. I hope it works out well for you all.
  • kevin137
    kevin137 Posts: 1,509 Forumite
    Crellow4 wrote: »

    The wonderful thing about the UK is that you can still be refused grounds for not being habitually resident...

    There is a simple solution for this, on return the CSA could well claim that money is owed on income abroad, and the person entering would simply have to state his intentions are not for permanent reasons, apply for a benefit like job seekers and state he has no intention of staying here, he WILL be refused on the grounds of not being habitually resident, and therefor can argue that the government cannot simply state that you are because when you already have the SAME government agency stating you are not...

    Regardless of how much money you have in the bank in Jersey you still have a right to apply, needed or not...

    Judges make up rules to suit themselves, and i agree morally that regardless of where you work you should pay, but the law as it stands makes an !!!! of it...!!! Particularly in the CSA department...!!!

    If a case was heard by a judge, and it was ordered to pay x amount of an income of x amount, and that person wanted to go abroad, then the same amount would still be due, as ordered by the court, it would not be enforceable with nothing here, but it would still be due and collectable on return, where a judge could also hand out alternative punishment for breaching the same order...

    So no matter where the person worked it would really have no difference, apart from still having to be paid on the return with a punishment to boot if not paid...!!!

    I don't always agree with what the CSA do, in fact i hate the CSA with a vengeance, and i would much prefer it was handed back to the courts, but the judgement that you have which has been ruled on against the father makes a mockery of the judicial system as it is written, and can and probably will be overturned in Europe as being against the law, meaning it won't ever get paid... But more to the point, as a non resident of the UK when the judgement was made, and not being habitually resident, i don't see how they could ever enforce it anyway, i may well be wrong, and if they do try, then it starts all over again...!!!

    The long and short of it, is when you leave if going for more than 1 year, you cannot be habitually resident, and then regardless of income, it has no bearing, if you retain an empty home here you could be classed as habitually resident for the purposes of the CSA, but i do not know anyone that could leave a home empty for a year so that doesn't sway how i think...

    My best guess would be to use HMRC to confirm what the legalities are regarding being a resident habitual or otherwise, and go by there decision if they say you are not, then nothing can be due as you cannot be legally noticed by any agency in the UK abroad for a hearing anyway...

    This is just opinion though...

    And as far as the OP is concerned, nothing has changed, if you leave notify them, by phone and in writing, and make sure you stick to whatever agreement you come to with the PWC, as i said in my 1st post to you, it is NOT fair to mess about, if you can reach an agreement keep it stable, keep it fair, and keep in touch...!
  • I would like to tell you my story. I am PWC and the NRP worked overseas for 2 years and was paid via Jersey. He VOLUNTARILY paid £350 a month and I had no say in the amount as CSA had no jurisdiction. The NRP informed the CSA a month before he left and told them he would be paying VOLUNTARY CONTRIBUTIONS. To my utter surprise - 2 years later I have been told that the VOLUNTARY contributions I received is now classed as an OVERPAYMENT. I now owe £9K and the CSA want this money back. !!!!!! This has now gone to dispute and there is a clause in the Child Support Legistlation that covers this Section 28(J). Beware of this clause. Quite ironic that NRP pays voluntary contributions yet this legislation says they are entitled to it back.
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