[Solved] Paying maintenence when abroad

It's probably worth having a word with these people https://www.gov.uk/remo-unit-helpline

However, if your ex opens a case with CMS, to the best of my knowledge, the arrears will accrue until they are able to get the money from you. The CSA did have the power to add a charge onto a property, so that it couldn't be sold without the arrears being paid - I'm not sure if the CMS have this power, but I doubt it would have been removed.

However, I would have thought that you should be looking at ways that you can provide for your child even when you are away, in which case, if you pay in accordance with the CMS calculation, then this shouldn't be an issue.

This is just an opinion, I considered this question a few years back and came to the following conclusion:

If your legally resident elsewhere, rather than just being there illegally (i.e. without a work Visa), and are paid outside of the UK, then you are outside the legal jurisdiction of the CSA etc and there's nothing they can do.

Clearly if you are working as an expat your official income may be very high and probably tax free (in the UK) which means your 15% CSA payment might be a large sum indeed. However for most of us working abroad the only reason for being there is to earn more money etc.

What you don't want to be doing is sending such large sums back to to your ex that most of it gets spent on Botox or other things rather than helping your child. (this is based on my own experience).

If your paid in the UK then CSA may have jurisdiction.

You could just voluntarily send money back to amount you think is reasonable.

Again this is just an opinion, loosely based on what i remember from several years ago.

(BTW this resident abroad thing works both ways, if you spouse had property/assets abroad that is also outside UK jurisdiction when it comes to dividing assets, unless you have absolute proof of spouses ownership).

Hi Riprob

Thank you for your post. If a family-based arrangement is not possible for you, the receiving parent who lives in the UK and wants to apply for maintenance from a paying parent who lives abroad should approach a UK magistrates' or county court to apply for a court order for maintenance to be made. This can then be enforced by the Reciprocal Enforcement of Maintenance Orders (REMO).

This is an agreement set up via the British Government with other countries, to enable citizens to receive maintenance if a parent lives abroad. You can find a full list of participating countries at www.justice.gov.uk/downloads/protecting-the-vulnerable/official-solicitor/reciprocal-enforcement-of-maintenance-orders/remo-location-list.pdf.

The REMO unit helps to register and enforce child maintenance orders internationally. You can find out more at https://www.gov.uk/remo-unit-helpline.

For more information on the different ways to set up child maintenance, you can visit the Child Maintenance Options website at http://www.cmoptions.org. They also have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.

Regards

William

Something else to be aware of. In some countries in europe and elsewhere, not paying child maintenance carries a prison sentence and it is enforced!