CMS - Overseas NRP

Just checking my understanding on something - for CMS to make a judgement and handle a case both parents have to be resident in the UK, correct? 

So even if a parent has earnings in the UK and pays UK tax if they aren't residing in the UK then CMS will not handle the case, the RP would have to raise a court order and then enforce it via REMO? Is this correct?

I'm likely to be relocating overseas in the next 6-12 months and just want to get my ducks in a row in terms of understanding the process and system because my ex-wife is usually very uncooperative about things so while I would like to be able to agree arrangements about access and maintenance that work for both of us I always like to prepare for the worst.  

Comments

  • Twixty3
    Twixty3 Posts: 89 Forumite
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    I think REMO is more about enforcement if you do not pay or making a claim.  So like with CMS , if you agree an amount, it may not need to go to court ? 

    But also see the bit if you are paid by a UK company in the link below.  

  • tightauldgit
    tightauldgit Posts: 2,628 Forumite
    First Anniversary First Post Name Dropper
    Twixty3 said:
    I think REMO is more about enforcement if you do not pay or making a claim.  So like with CMS , if you agree an amount, it may not need to go to court ? 

    But also see the bit if you are paid by a UK company in the link below.  

    Yes, I know we can agree things between us but my ex's position on everything is she doesn't want to talk about it even if it means cutting off her nose to spite her face. 

    From my perspective I'm happy to agree to maintenance but on the reciprocal side it has to be predicated on reasonable access e.g. my kid comes to visit me during summer holidays, and we can spend time together when I'm in UK. 

    Based on my experience so far I imagine her natural response would be 'i dont agree to any access unless you get a court order, and you need to pay according to what CMS say' so I'm just trying to understand what the actual process is so I can present the options truthfully. 

    Of course the other option is that I may relocate to a non-REMO country and then I really don't know what happens. 

    I don't have a problem paying fair maintenance but I also want to maintain a relationship with my kid. 

  • It was so so easy getting a court order issued in the other country, much easier than CMS and it’s free.

    They CMS, can continue to collect areas from wherever you go to live.

    You need a motorised letter from your ex Mrs. to show you are keeping to your child maintenance obligations.

    Non reciprocal countries advise how to collect through other channels.

    Youve really done your homework, I’m at the other end now, flew by, my child has just graduated, and grown, be careful what you wish for.


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