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    • Zeus9876
    • By Zeus9876 31st Mar 18, 11:17 AM
    • 116Posts
    • 111Thanks
    Need advice about DWP and CSA
    • #1
    • 31st Mar 18, 11:17 AM
    Need advice about DWP and CSA 31st Mar 18 at 11:17 AM
    Ok here goes

    Im an American citizen, met and married my ex wife in 2001, we had 2 children who are now 15 and 13. Wife threw me out because she said I was too controlling, divorce was final Jan 2018. Im now living back in the states and ex and kids are in the uk. My ex is disabled and IVe never worked while living in the uk. IVe only ever received carer allowance which she still gets now. She doesnt want any money from me, she said this on the divorce papers also. She says the DWP is looking for me, for me to pay child support? How can they make me pay and make her better off money wise when shes Now even better off claiming as a single parent? She threw me out, making me homeless so Ive had no choice but to live with family here in the states, and now they want to make me pay? I do send my girls money, I do help pay for things that my girls need, but feel like I shouldnt be forced to pay child support when we have only ever lived on benefits the 16 yrs that we were married. I feel like she should be paying me alimony but thats another story.
    If I was to pay child support she would only use it to pay bills because since shes got rid of me her credit cards are nearly maxed and what was the joint account is left over drawn and not to mention the near 15k debt in my name
    Last edited by Zeus9876; 31-03-2018 at 11:24 AM.
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    • HoneyNutLoop
    • By HoneyNutLoop 2nd Apr 18, 9:34 PM
    • 479 Posts
    • 377 Thanks
    • #2
    • 2nd Apr 18, 9:34 PM
    • #2
    • 2nd Apr 18, 9:34 PM
    Well, I think the key learning point here is donít believe everything your ex tells you - do your own research.

    CMS (CSA is closed to new applications) only has jurisdiction to calculate and collect maintenance if all parties are habitually resident in the UK. As you have returned to the states, any case she may have opened would need to close from the date you ceased to be habitually resident here.

    However, she can then apply to a UK court to get a court order for maintenance and then apply via REMO to get that order enforced in the States if you donít pay it voluntarily (I believe all US states are signed up to REMO, but you should probably double check for yourself).

    CMS can only pursue you for arrears from any valid application made and set up prior to you leaving the UK and only against income/assets that fall within the UKís jurisdiction.
    I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.
    • pmduk
    • By pmduk 3rd Apr 18, 7:59 PM
    • 8,288 Posts
    • 6,110 Thanks
    • #3
    • 3rd Apr 18, 7:59 PM
    • #3
    • 3rd Apr 18, 7:59 PM
    Should your ex apply to get any order enforced via REMO, I'd suggest checking the local sanctions for non-payment of support. I understand most US states have harsh penalties for deadbeat fathers.
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