Csa matters, ex moving to australia

Discussion in 'Finance, Property, Law' started by Gary0284, Apr 11, 2012.

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    Looking for a bit of advice on the CSA and my rights when my 2 kids move to Austrila with my ex wife.

    Q1, Do i still have to pay my ex wife Child Maintence when she takes my boys to australia?

    I understand that the kids are mine and as a parent i have the responsibility to support them. My problem is i make good money and the CSA payement is £488 monthly. This is due to go up due`to promotion.

    £488 a month in my eyes is well more than enough to support the kids, however this amount does not clerly get spent on them monthly. All i am doing is supporting my ex wifes lifestyle!!

    I will always support my kids just not my ex wife.

    Q2, The CSA calculate using calander months and thus has made me pay a extra £500 spread over the months on top off what they had calculated.

    Can anyone give me a heads up why they do that? £500 not alot of money to some people but when i'm paying over 5K a year it is to me.

    Would appriciate any help or advice.

  2. i was under the imprssion that the Aussie CSA could only intervene if it was you who moved there

    once she moves out of the UK - the UK CSA can no longer act on her behalf - so you don't owe them anything.

    Fairly strong argument that the money you would have paid them should go on contact costs to ensure a continued relationship with them.
  3. Are you subject to a Court Order? If so you can seek to vary the Order by applying to the Court. If your ex's financial circumstances have changed i.e she has a well paid job to go then that may sway the Court in your favour. Given that you are getting promoted yourself this means your financial circumstances are improving you may have difficulty explaining a reduction.
  4. Troops

    Thanks for your replys

    I'm not subject to a court order but pay through the CSA. Labrat thats what im thiking the money that i pay should go towards costs off maintaing contact. But the ex would not go for that. If by law i dont have to pay her maintence then i would still pay her but at a reduced rate and the remainder that she gets in the UK would be payed into a Bank account for the boys benifit.

    That way i still support my kids but not her lifstyle.

    Anymore suggestions/answers would be appriciated

  5. Has she got a new partner? How is she supporting herself out there?
  6. I'm sure there was a thread on this before and I thought she'd to have your permission to emigrate. Have a search around on the forum.
  7. Get in touch with a solicitor but basically:

    The Child Support Agency only has jurisdiction in the UK, in other words England, Scotland, Wales and Northern Ireland. However, it does not include the Channel Islands or the Isle of Man. If one or more parties live abroad, the CSA is unable to give a calculation of the amount of maintenance a non-resident parent should pay. If either parent or the child is not resident in the UK, the court does have the power to make and vary a maintenance order.
  8. Totally agree, see a solicitor ASAP, my ex wife went back to Holland with my 2 children and took her maintenance request to the Dutch courts who in their wisdom (not being able to work out our tax system) awarded her £976.33 per month (at the time I was earning 15K so stung a bit). The Dutch order was/is enforced through the UK courts under the "Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance agreement". UK courts cannot vary the order once confirmed only the originating court can.
  9. Incredible as it may sound, I worked with a Dutch guy a couple of years ago whose ex had been given an award of €15,000 per month by a Dutch court - about the same as he earned at the time. He quit his job and moved to the far east. The sad thing is, he was prepared to spend a lot of money on his kids' maintenance, but was unable to comply with the ruling.
  10. She has a new partner who is out there who i suspect will be supporting her until she gets a job
  11. Thanks for the replies guys, I've had a look around and best option is to go to a solicator and see what the score is.

    Once again thank for your help
  12. Gary, she needs your permission to remove the children from the country. If you don't give your permission she should(although she might just do it anyway) take her case to court to get the court's permission; that should give you the opportunity to arrange contact and financial matters. Mediation could be an option as well. But definitely get, as is always mentioned on these threads, decent legal advice.
  13. How old are the boys? Make sure that you are only paying maintenance for the boys and not spousal maintenance .
  14. I,m pretty damn sure she needs your permission to take your kids out of the Country. Even for a holiday.

  15. Sorry for late post been waiting to speak to one of the family lawyers where I work. What she tells me is very much as above. Her experience is that if the CSA are aware that your ex has moved they will not enforce the payment. A suggestion was once they have gone give the CSA a ring explain the position and ask them what the score is. This will make them aware that she is outside of their jurisdicition.

    I understand that the family lawyers also do free advice at least for a first appointment. If we do that I assume most other firms will do the same. If you go along with your questions ready I'm told you should be able to get all of the advice you need within the first appointment for this type of matter.

    If you are stuck let me know what you need and I will see what I can find you. I am a criminal lawyer so need to speak to the family guys.

    Best of luck with it.