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maintenance when ex...
 
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[Solved] maintenance when ex-wife and kids live abroad

 
(@camminito)
Active Member Registered

Hi guys I m new here and I need your help.

me and my ex wife decided to separate a year ago. we agreed both that for the sake of the children (two girls of 4 years old each) she should relocate to Italy ( country of origin) where she could have all the support from my family and her family. On the plus the vicinity of my relatives some how could overcome my absence.
Also another advantage was that since she has no work she can stay to one of my mother's house for free, and being the british pound stronger than euros so she has more money to live and support the kids.
at time of legal separation my solicitor did the calculation and we agreed on a monthly payment of 1000gbp a month.
from day 1 after separation she lives in Sicily ( Italy) and over there, being rent free, having 1370euros a month is a [censored] good salary! cost of life is 1/3 of London where I live.
unfortunately this is the agreement during separation because we did the separation agreement here.
also during the first year of separation she agreed on settling the house ( only thing we have together) and I bought her out paying her 90K ( 118K in euros).
she can very well buy a house cash in sicily with that amount.
in February 2017 is time for me to apply for decree nisi. I want to renegotiate the child maintenance on the basis:
1. she has 118k in the bank and she can buy a house with no mortgage.
2. she is 36yo and healthy and she must work. especially now the children go to school and she is free.
3. 1370 euros after tax is the wage of a really good job
4. cost of life is 1/3 of London where I struggle to pay 2300 every month between my mortgage and her maintenance.
which is the jurisdiction for child maintenance? UK or Italy? how can the court in the UK know what is worth living in Sicily? how can any UK organization knows what the children needs in another country.
Under my point of view any uk organization has no clue of the needs of children in another country.
also...if I use the Italian system to calculate if I put my salary in euros I would be considered [censored] reach because of their perception of the euros. but they should consider that I live in London not in Italy.

so how do I move?? any idea?

maybe another person here has been in the same situation?

Quote
Topic starter Posted : 11/02/2016 9:49 pm
(@Twiston)
Reputable Member Registered

Id love to live with 1400 month! I only earn a little over that!

ReplyQuote
Posted : 11/02/2016 11:14 pm
(@camminito)
Active Member Registered

My question is about jurisdiction of child mauntenance not about my job in london.
To maintain the thread clean i would suggest to reply only if you have a pertinent information. Thanks

ReplyQuote
Topic starter Posted : 11/02/2016 11:25 pm
 Yoda
(@yoda)
Famed Member

I think a lot of our Dads would love to live with that amount 🙂

cammanito - this link might help you;

https://www.gov.uk/child-maintenance-if-one-parent-lives-abroad/overview

maintenance is usually based on your earnings not your ex's

ReplyQuote
Posted : 12/02/2016 1:38 am
(@camminito)
Active Member Registered

Ok... I know is based on my salary but the when kids and mothers live in another country how does it work?
I m not divorced yet so i would like info on how the maintenance is calculated.
The UK organizations have no clue of the cost of living in another countryes and their tax system so how does it work?

ReplyQuote
Topic starter Posted : 12/02/2016 1:52 am
(@Child Maintenance Consultant)
Noble Member Registered

Hello Camminito

As your ex-wife lives in Italy, she is outside of the Child Maintenance Service’s jurisdiction, so they would not be able to help with your maintenance arrangement.

Therefore, there are two ways you can set up payments. One is to set up a mutual arrangement between the two of you, known as a family-based arrangement. This means the legal system not being involved in it and the two of you agreeing on an amount that suits you both.

If this is not possible for you, the court is the other option, to set up a Consent Order. If it is set up through the courts in the UK, it will be calculated under UK maintenance law and based on your income, regardless of your ex-wife’s circumstances.

For further information on this, you can seek legal advice, http://www.justice.gov.uk/legal-aid.

If you would like further information about the family-based arrangement, you can contact Child Maintenance Options directly, http://www.cmoptions.org.

Regards

William

ReplyQuote
Posted : 12/02/2016 5:55 pm
(@Twiston)
Reputable Member Registered

My question is about jurisdiction of child mauntenance not about my job in london.
To maintain the thread clean i would suggest to reply only if you have a pertinent information. Thanks

way to make friends and alienate people, maybe you should only include pertinent information (or information you want people to comment on) in your posts, you do add "( I live with only 1400 a month)".

ReplyQuote
Posted : 12/02/2016 9:26 pm
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