The non-resident nightmare: how offshore income is taken into account for child support

I don’t often cover child support on this blog and I know it is a subject that arouses strong emotions. In the cases I do come across the outcomes are far from what a well-grounded family lawyer would regard as realistic or certain.

But there are some cases that it would be simply wrong to ignore and which provide examples of how a determined father can string out a case for years, while the hapless mother is unable to apply to court and circumvent a circus of litigation that takes place at the public expense.

Cases involving non-resident parents are often particularly messy and complicated. And the Child Support Agency (CSA) has accumulated £3.8 billion in arrears by non-resident parents during its 18-year lifespan.

The case of GF v CMEC (2011) UKUT 371 (AAC), published last month, is yet another example of an inefficient and cumbersome draftsmanship at work. It centres on an argument as to whether an English father should pay his English child maintenance if he is working abroad. You might think the obvious answer is “yes”. After all, what difference does it make where he earns his money?

In court that fact would not be a bar. In “the other world” of the Child Maintenance Enforcement Commission (CMEC), it is. You cannot apply to the Child Support Agency (CSA) for a child maintenance arrangement unless “the parent without the main day-to-day care lives in the UK, or works in the civil service, the armed forces or for a UK-based company.”

However, following this decision things aren’t quite so straightforward – although we don’t yet know whether the argument will stop here. And whatever may still happen with this case, bear in mind one point: we are not told whether the father has yet paid any child support to his daughter throughout this laborious process.

The specifics are worth a closer look because they outline just how complex and longwinded this case has been.

Ms K is the mother of one child, Lauren, who is now aged 14. In October 2007, over four years ago, Ms K first made an application for Lauren’s child support.

Five-months later, in March 2008, a decision was made that her father Mr F should pay child support for Lauren at £55.36 per week.

But by then Mr F had started work in Afghanistan. His job had begun on 23rd January 2008 and he was now being paid an increased income of some £45k per annum, tax free, by a company based in Jersey. So the amount of his CSA liability from January 2008 was some £130 per week.

Mr F did not agree to pay £55 per week for his daughter. He appealed the decision of March 2008, arguing he was now based outside the jurisdiction of Child Maintenance and Enforcement Commission (CMEC) because earnings outside Great Britain for a non UK-based company are not covered.

His appeal was decided 19 months later, in October 2009, when the tribunal found there had been a change of circumstances when he had taken a job abroad. The tribunal directed the CSA to obtain appropriate evidence of earnings and family circumstances and conduct a re-assessment.

On 19th January 2010, two years after he changed his job, a decision was made that during that period the amount of child support maintenance should be reduced to nil because “Mr F was employed by a company based in Jersey Channel Islands and the company’s payroll was non-UK based and therefore out of the jurisdiction of the Agency”.

Imagine how Ms K must have felt when she received that decision? The father was earning a tax free income of £45k per annum, and didn’t have to pay a single penny to his daughter.

Ms K appealed on 1st February 2010. Then on 19th April 2010, she also applied for a “departure direction” on the grounds that the father enjoyed a lifestyle that was inconsistent with his declared income. Such a direction can be made when the Secretary of State is satisfied that the current assessment is based on a level of income substantially lower than the level required to support the overall lifestyle of the non-resident parent. Her application for a departure direction was refused on 10 May 2010. Undeterred, she also appealed this decision.

On 19th October 2010, eight months after she first appealed, the initial appeal was allowed on the basis that the income earned in Afghanistan should be taken into account. The case was remitted to recalculate the amount of child support payable. Calculated at 15 per cent, the weekly maintenance payment was around £130 a week – equating to £6760 each year. What you might think is hardly a huge sum with which to look after a teenager.

The second appeal to request a departure direction was refused because when Mr F’s earnings were taken into account, the cost of his lifestyle was not greater than could be funded by the income and therefore the measure was considered unnecessary.

Mr F was aggrieved. He still believed his earnings outside England and Wales were not subject to CMEC jurisdiction. He appealed both decisions and his appeal finally came before a Judge of the Upper Tribunal on 30th August 2011 – just under four years since Ms K first applied for child support. The decision has just been published.

The Judge dismissed the first appeal. His reasoning however was different to the Tribunal, so he simply substantiated his own judgement for theirs. He found that the income was indeed not earned in Great Britain, and therefore the income earned in Afghanistan is not “earnings” that should be taken into account. However, he could still take it into account as “other income” under the Regulations. He stated:

I do not accept the argument on behalf of Mr F that amounts which fall within the ordinary meaning of “earnings”, but are not within Part I of Schedule 1, cannot be “other income” falling within Part III. I think that the better construction, looking at reg. 7 of the MASC Regulations, and Parts I and III of the Schedule, as a whole, is that items which fall wholly outside Part I, by reason of the way in which “earnings” are defined, are capable of falling within para. 15 unless expressly excluded from it. The key provision is really reg. 7 of the MASC Regulations. The argument on behalf of Mr F has to be that reg. 7(1)(c), in referring to “other income”, is not intending to include amounts which are in the nature of “earnings”, dealt with by reg. 7(1)(a). However, that argument in my judgment fails by reason of the fact that by reg. 1(2) “earnings” (including therefore the use of that expression in reg. 7(1)(a)) “has the meaning assigned to it by paragraph 1, 2A or 3, as the case may be, of Schedule 1”. If, therefore, something does not fall within para. 1 (e.g. because it is from an employment abroad) it is not “earnings” for the purposes of any of the provisions of the MASC Regulations, and there is therefore no reason why it cannot fall within para. 15, unless expressly excluded.

I make no apology for including this paragraph in its entirety. I expect that 99 per cent of my readers will find it virtually incomprehensible. I also think the decision is arguable both ways. I think CMEC and then the Judge have done their best to find a way of including “income not earned in Great Britain” into the calculation despite it actually being exempt as both income not earned in Great Britain or for a UK-based company.

Should mothers seeking child support have to rely on such bizarre tautology to obtain maintenance for their children? Should fathers who clearly do earn income be able to get away with it, by earning the money and being paid tax free offshore or as in other cases, being paid through other devices to reduce their income and have to rely on departure directions? And should they then have to wait years for it all to be rectified albeit with little chance of all the monies due ever likely then to be paid?

I have no idea if at any time during the last four years the mother has ever received a single penny for the child and whether the father may even now be appealing the latest decision –still avoiding what you or I may regard as his overriding duties to his child.

So I can only wonder when a good dose of common sense – in view of burgeoning costs, poor performance and over complicated draftsmanship – will ultimately restore the issue of child support to the courts.

Yes this is a difficult case, but it is by no means unusual. More people are now working abroad than ever before and I would suggest that only the courts have the power deal with these cases swiftly and definitively.

How long would the mother have waited for a successful outcome in court? It would likely be a few months, rather than years. And once the decision was made, even if enforcement needed to be followed up in Jersey, my guess is that it would all have been in place within a year. And furthermore, the mother’s legal costs would have been paid by a father who refused to obey the requirements of the law. Can anyone argue that would not have been a better outcome for all involved?

Marilyn Stowe

The senior partner at Stowe Family Law, Marilyn Stowe is one of Britain’s best known divorce lawyers with clients throughout the country, in Europe, the Far East and the USA.

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37 comments

JamesB - January 4, 2012 at 2:44pm

So, does this mean he can become a fugitive and not pay now? I don’t see how the CSA could take money by attachment of earnings outside the UK, so it seems to me the argument was on if he would ever be allowed to return or own assets in the UK. That seems to be how strongly he feels here, and I understand and sympathise with his point of view.

Rachel - January 4, 2012 at 9:41pm

Marilyn, I have just received a court order for child maintenance in AR proceedings.Her father lives and works in Germany 4 days and lives in the UK 3 days every week. He works for a German company with no links in the UK. He has already hinted that it will be difficult to enforce in the UK. Is it correct to say that after 12 months the court will no longer have the jurisdiction to enforce non payment? What is the position re the spousal maintenance order? Happy New Year to you!

Lukey - January 7, 2012 at 3:27am

I think Mr F’s position is ridiculous, I think the paragraph you reproduced is self-explanatory – the judge has correctly interpreted the position in my view, in fact I don’t think that it can be argued both ways, it seems pretty clear cut to me.

The only quibble I would have is your assumption that the courts will determine things more quickly – in my opinion our court system is horrendously slow – and no I don’t think that is an accident, lawyers (not all lawyers of course :-) ) have mortgages to pay and mouths to feed…

Marilyn Stowe - January 7, 2012 at 1:56pm

Lukey
Your comments are interesting. I think far more of these cases should be dealt with by the court. For example where a departure direction is sought on the basis the father’s lifestyle is inconsistent with his income. All sorts of charades go on that an experienced judge could swiftly cut through and deal with.
I agree on occasions the court process is cumbersome however it pales into insignificance compared to the case I have highlighted here.
Thanks and best wishes for a very happy new year.
Marilyn

Laura Guillon - January 13, 2012 at 1:31pm

Dear Rachel

Thank you for contacting the Marilyn Stowe Blog.

From the information you have provided I understand that you have a Consent Order from the Court which Orders child and spousal maintenance.

It may not be clear where the father is habitually resident- Germany or England? This will affect both jurisdiction and enforcement.

In cases where both parents and the child are resident in the UK, a child maintenance element in a consent order remains enforceable as long as no application is made to the CSA. In such cases, after 12 months from the date of the Order either party can apply to the CSA for a calculation of child maintenance according to the formula in the Child Support Act 1991, which will effectively vary the Order and the CSA will have jurisdiction over the child maintenance element. However, if in your case the father is habitually resident in Germany, the CSA has no jurisdiction and the Order will continue. In relation to enforcing the Order for both child and spousal maintenance, if the father is habitually resident in England, There are various ways to enforce here, depending on his assets within this country.

If he is habitually resident in Germany, both spousal and child maintenance orders can be enforced in Germany. On 18 June 2011 a new EC Regulation came into force which you could use to enforce the Order in Germany. This is Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (‘the Maintenance Regulation’) Chapter 4 of this Regulation deals with recognition and enforcement of maintenance orders between Member States. The procedure is that you apply for a Declaration of Enforceability which is done through REMO. Form REMO 7 is used, and and guidance notes are provided. The guidance notes can be found on the following website: http://www.justice.gov.uk/downloads/guidance/protecting-the-vulnerable/official-solicitor/reciprocal-enforcement-of-maintenance-orders/remo-7-application-form-guidance.pdf and form REMO 7 can be found on this website: http://www.justice.gov.uk/downloads/guidance/protecting-the-vulnerable/official-solicitor/reciprocal-enforcement-of-maintenance-orders/remo-7-application-form.pdf

You will need to contact the Court in which the Order was made and ask for a certified copy of the Order. You will need to provide the parties’ names, the approximate date of the proceedings, the nature of the proceedings and the country in which application for enforecemnt is to be made. This information will be needed to complete Form REMO 7 which will then need to be sent to the Reciprocal Enforcement of Maintenance Unit with a certified copy of the Order. REMO central authority will complete the rest and transmit it to the central authority of Germany for enforcement.

Once sent to Germany the Order must be declared enforceable within 30 days and then the Order can be enforced there.

If we can be of any further assistance please contact us on 01423 532 600 and we can direct your query to one of our solicitors.

Best wishes

Laura Guillon
For and on Behalf of Stowe Family Law LLP

Rachel - January 16, 2012 at 10:13pm

Laura,

Thank you so much for your reply.

The information is very useful and it is looking likely that I will have to implement it in the near future. The court order was made by a district judge at a final hearing in ancillary relief proceedings. It seems I would need to clarify exactly which country he is habitually resident in as he owns property in both the UK and Germany and spends equal time in both.

Once again, thank you for the help and guidance, it is very much appreciated. Rachel.

Tim Kenny - January 17, 2012 at 12:37pm

The bit that really aggrieves me with these cases is that it is all about the non-resident parent. When calculations are made the income of the resident parent is not taken into account. IN a lot of cases I have read and am going through currently it is the resident parent that is only looking for how much cash they can get. I have always paid my CM to both my children’s Mum’s and feel very strongly that this is my responsibility a contribution, not an overriding cash cow. We all understand how much it costs to have children, but when the law respect will and treat both parents as equal not just from a Parental Responsibility point of view but also monetary. The law is very bias and until the equality of parenting is taken into account we will be arguing for years. From my point of view it should be about how much does is cost to bring up children NOT how much does the father earn and 15% goes to the resident parent. The discounts of having your children overnight do not in any way reflect the costs that one has to bear. The whole thing is wrong and we need to sort it, it’s about the children at the end of the day not the dispute of the parents!!

jane - January 24, 2012 at 12:15pm

If a father owns a company that pays his income from Isle of Man at 18% tax but he lives in England how does this affect his child support liability?

Maz - March 14, 2012 at 10:16pm

Marilyn, I read your case notes regarding Mr F with interest.
My partner has 2 children from his marriage. In the first 4 years after they split up he voluntary paid 25% of his income to his ex wife as maintenance for the children. When he retired from his job in the RAF after 22 years his / our income was greatly reduced and have both only been able to find minimum wage part time jobs. However, with his pension the CSA have dictated the level of payments to be made at 20%. Leaving us living on the bread line and him unable to afford to visit the children as often as he would like as it incurs a 250 mile round trip for a visit or 500 if he brings them to stay at our home. His ex wife refuses to help with the journey in any way.
He has now been offered work in Afghanistan on a 12 month contract giving us an annual tax free salary of £43,000. He is happy to continue paying the maintenance, however, if he HAS to pay 20% of this salary it would not be worth it for us to live apart and disrupt our lives for what is left.
I have my own house, mortgaged and the intention is for him to earn enough to pay off (most of) it off so we can afford to live on the sort of jobs available to us.
Question – if he is working from a none UK firm in Afghanistan and voluntary paying maintenance at present figure (20% of pension and £140 weekly income) would she be able to ask / insist on more?

Marilyn Stowe - March 14, 2012 at 10:35pm

Maz
I don’t give replies to CSA queries which are case specific on the blog as I only deal with general issues. However this website http://www.cmoptions.org/ may be able to assist you.
Best wishes
Marilyn

Stuart - March 21, 2012 at 4:34pm

Dear Marilyn,

Just wondered what your take was on the following:

*Final hearing both parties equally split matrimonial pot.
*CSA assess NRP and maintenace amount struck.
*PWC waits the 12 months then applies for a variation on assets of NRP.
*NRP is assessed on the same pot as PWC but now has to pay 8% of assets on top of the 20% of nett income.
*PWC earns double NRP nett salary.
*NRP has mortgage, PWC has no debt.
*NRP now has to find £21K per annum from his assets.
*When 2 children have finished education potentially NRP will have paid over to PWC 56% of the matrimonial pot he received.

Just and equitable?

Sincerely

Stuart

Sam Edwards - May 3, 2012 at 11:00pm

Can the law brought in 18 June 2011 be applied to recover Child Support arrears if the parent owing is living in an EU country?

Liz - June 21, 2012 at 5:45pm

Hi my sister is having problems she is disabled has 2 children her ex husband stopped paying for the kids before Xmas last yr saying now that he is working offshore in south Africa he will no long be paying any thing for the girls he comes home to Aberdeen visits his girl friend take her on holiday does not see the girls she has also been told by the CSa that they can not do anything this is all making her I’ll and with 2 teenage daughters that have been spoilt and used to having all the time are making my sisters life hell. If he lives in this country but does work outside the eu he should be made to pay for his kids he too earns over £50 grand a yr what can she do to get him to pay up for his daughters I’m so worried about her it’s all affecting us all . I have been on my own with 3 kids for 14 yrs and never had a penny from their father things need to change in the law.

Observer - June 22, 2012 at 9:38am

Some good points are raised by our resident male NRPs here. Pity that they are not really being taken seriously.

As Tim says, this is always about the RP as victim; nobody has ever talked of the nightmare faced daily by NRPs.

John - June 28, 2012 at 8:04pm

Women believe that they are the owner of children and fathers’ money. They are not, the science has prooven that man who creates life and create of the child. Is it?

The whole system is too much oriented towards money and in women favour. CSA has to present the case as follows:

1. Who is refusing to be the resident parent?
(CAFCASS agency is not neutral).

2. Both parents’ income have to be deducted at source related to children needs and the resident parent has to provide receipts and evident of expenses done for the children. Any failure will have the child maintenance deducted.

3. Payment of mortgage is not an expenses it is a repayment of debts towards a wealth purchased. Well only direct expenses such as Daily estimated meal cost, school dinner, club, school fees, education cost, clothing and pocket money for the child should only be accounted.

This is not a rocket science.

linda - December 6, 2012 at 11:58pm

Hi i am in the same position, my ex partner left the forces then started working over seas in afghan/iraq doing close protection. My assessment is nil as he has deemed himself as not liable for uk tax working out of the country months at a time but is resident in the uk whenever he is not working. Is there anything i can do about this? thanks.

PC - December 17, 2012 at 10:46pm

I found your article very interesting. I am a US resident and have two children who were both born in the US. I was married in the UK to my spouse who has both a UK and S. African residency and currently holds both passports. We separated in 06 whilst living in S. Africa. He fled to UK in 07 leaving my children and I homeless and without income. I have since returned to the US and have a bifurcation/dissolution of marriage and full sole custody of my children with a court order of child support and alimony in place accruing at 10% per annum. The order was in place in 09 and has since not paid the back child support/alimony. He is now spending most of his time in the UK and has an offshore bank account. His lifestyle is in the millions per year. I am in the process of getting my case opened on a Federal/State level before proceeding internationally. It’s a step by step basis. I do know the US and UK work in union on these such cases. Although my concern is with his lifestyle being fund to the UK from an offshore account, I am not sure or confident what laws and regulations are in place for someone in America and ex spouse residing in UK with Barclays offshore account in French territory.

Mick - April 8, 2013 at 3:03pm

Unfortunately, many women lie about the amount of time the fathers spend with their chikdren in order to bump up payments. The CSA take the womans word as gospel and are heavily biased. I pay the right amount as calculated by the CSA website for the nights I actually have them and she has lied to them saying I have them for 70 nights a year when in fact I have them for 160; more than 40% of the year. She wants the extra money to fund her two cars and ipads etc etc.

My company is registered in Jeresy so unless she starts telling the truth she can sing for her payments. I’ll go all the way to court and then move out of the EU if needs be.

Alex Jamison - August 9, 2013 at 1:53pm

I totally understand the NRPs here . I myself being one. I have never missed a payment. In fact, I’ve paid more than I’ve needed to pay. Yet, the system is there to be abused by the RP in that if she so wishes she can begin court proceedings resulting in an expense for me that I can’t afford . And for what ?? After numerous solicitors letters she finds out she’s been getting overpayments and now through her actions she’s had to accept less. But, all this has been at great cost to me and great distress at the thought of going to court. I’ve had to prove my earnings , I’ve had to prove that I’ve been paying since we split . My ex has 12 months of my private financial statements to peruse at her leisure . Can I investigate her?? Can I see what she earns ?? Can I see how her money is spent ?? Can I see how the money I give her is spent ?? The answer is NO because its only the father NRP that has to prove anything . He’s pre judged as hiding or unwilling to pay. If the mother is greedy and vindictive she’s got the backing of a system that’s all about supporting her. And I’ve not even touched on ACCESS as this is separate thing. She can disrupt access and even refuse it BUT STIL she wants what the LAW tells her she can have and that MONEY. Doesn’t matter if I’m not allowed to see my child she still has to be paid. Is it any wonder there are fathers out there that are slightly aggrieved . The system stinks !!!

Debbie Coppen - August 21, 2013 at 8:38am

I was wondering what other action can be taken in my case to ensure both children can recieve child support.
In essence. My ex- husband moved to South Africa in 2006, just as the Csa were about to enforce an attachment of earnings for arrears.
He had moved to South Africa 9 months before they were aware. And he has gone on a visitors passport and remained.
In 2006 I contacted Remo. A court order was made and sent to South Africa. At this time the eldest was 12 and youngest 8 years old.
Did not hear any thing, even though chasing Remo until 2010 when transcript papers were sent of a court hearing in 2009 from South African court.
In short payments would start paid to court too me and that when he returned to Uk would continue over here. Needless to say in the 18months from court hearing to recieving transcript papers nothing had been paid and party illigally in South Africa.
In 2010 an ebforcement in uk was taken out and sent onto South Africa.
Nothing to this date has been heard as to if the South African courts have enforced the order of 2009.
In 2011 I ask my MP for help and a letter out lining the case was sent to Remo , who then sent it onto the court in South Africa.
Up until todays date, Remo, Commonwealth office and the South African high commishion in london.
This whole process is in its 7 year with no fininical support being paid to our children.
When my ex left the uk he sold his property. Making a profit in the sale.
In 2011 I recieved a payment into my personal bank of £ 113 . What was made by a third party ( partner of my ex in South Africa). The order was made for payments to the court in sterling of £125 ( exchange ZA end ).
At the 2009 hearng my ex was allowed to not hand in his passport, saying he had forgotten to bring it. He was represented by an atorney, and had a South African employment number.
I am very frustrated by this and feel very angry that this individual is allowed to get away with this.
Please advise me on what else I can do?
Debbie Coppen

Debbie Coppen - August 21, 2013 at 12:29pm

Forgot to mention. Part of the proceeds of his property in the uk, prior to leaving Uk my ex put into a 25% shared equity in his parents property. Therefore he has assets in the Uk.
Both children are 20 years and 16 years of age now and have not had any financial support from there Father for 10 years.

Yvie - August 21, 2013 at 12:52pm

I can understand the sense of unfairness felt by many dads in the way that they are treated by the CSA and I can understand why Mick feels the way he does. It’s one thing paying your share in raising your children, but is another thing when you are being robbed and the Govenment condones it.

julie - September 7, 2013 at 11:28am

Hi I have been divorced for 5 yrs . I have 3 kids. 19,11 & 10. My ex hubby pays 500 a month which we agreed at time. I have asked several times for increase which he has said no. he now works abroad month on month off. I contacted csa they said coz he works out of country claim Wed b nil.. he lives in UK and has just bought 300,000. House New car new motorbike, and is flonting his riches.. is there anything I can do to get my proper payment?

Marilyn Stowe - September 7, 2013 at 12:42pm

Dear Julie
You need legal advice because if the CSA has declined jurisdiction then you can apply to the court and there is a lot you can claim, capital and income for the children as well as for you if you haven’t had a clean break settlement. Your 19year old if still in full time education can make a claim without you taking part.
Regards
Marilyn

Jennifer - September 25, 2013 at 7:05pm

I have a consent order that was being enforced under REMO as my ex lives in Texas. The order states that payments shall continue until the youngest is 18 or reaches the end of her first degree.

Texas contacted me asking for the date of daughter’s high school graduation and I advised them she would be going to university in September. I received confirmation that they had reviewed the order and payments would continue if she went to uni. However, instead of sending payments directly to me(as they had done for over 2 years) they sent them to the REMO office in London who forwarded them to my local county court who do not have an account to cash dollar cheques so they returned them to Texas asking them to pay me direct.

Since July I have only received 2 weeks’ maintenance. Texas are witholding payments collected from my ex, with a view to returning the money to him, as they state the UK have closed my case. The county court say they haven’t, my interactive OAG file no longer says they are enforcing the order. Do I need to restart the REMO process? If I do, who can I complain – I need the money to pay my daughter’s uni accommodation as her grant/loan won’t cover it.

George - November 6, 2013 at 4:06pm

Dear Marilyn
I was wondering if following my clean break order with ex wife that does not include child maintenance settlement the ex could force to sell and use my assets in my UK based property to gather income for her daughter? I currently work in China ( a non REMO country)and earn money overseas i presume this cant be touched if i put it in an offshore bank account? If i send money back to the UK can that be got at by her?
At present my assets consist of a fully paid for 250k house which at present makes and income of 20k in rentals per year. If they are entitled to using this would they take 15% of the rental income or sell the house and take all of it?
Would there be much of a defense against any such claims and how much might such a defense cost?
thanks in advance
George

a free man whos moved to channel islands - December 4, 2013 at 9:38pm

There never was a cade every conseivable angle the guy wad NON UK stop this Irrelevent THE CHILD DIDNT GET irrelevent totally

Based in channel islands working in afgan is Zero payment simple fact simple logic the csa has nothing to do with kids being cated for its a new world order destruction of familys and a for profits corperation protected by the uk goverment against any acusation of fraud YOU CANNOT REPORT CLAIM AGAINST OR SUE THE CSA FOR FRAUD WHY ASK YOUR SELF WHY because its totaly fraudulent and its designed to sepetste familys and parents from children to hand over perental power to the state

No child had ever statved or died or suffered because of no csa payments WAKE UP TO BANKSTER CONTROL the csa break every law going in the uk

They obtain info from other departments if govetment breaking the data protection act they obtain depol name changes from 3rd partys when law states the depol name changer themselves tells he\she changed thete name

They invade privacy they steal money and in the procesd destroy the concept of family and brainwash kids that this is how ADULT LIFE IS its a control mecanism and has nothing whats so evet to do with child welfare UTTER NONSENSE

AS a father who built a family and home and future ftom zero nothing on a cpuncil estate from srcatch I had a lovely home and provided for and fathered my children in 2005 my mother died of motor noro disese I was the proud exec of her final afares and her funeral

After the actual funeral I was set up for child battery abuse I was found not guilty at crown coury TOO LATE my kids lives destroyed and every penny of mine and my late mothers money was missing from the exec of her will account

My partner was a gambling addict no one ever new a thing she was found and confessed to all her crimes at police station

And then she signed a document stating AS I STOLE 50000 FROM THE FATHER AND HAVE NO WAY IF REPAYING IT I SHALL NEVER MAKE A CSA CLAIM as I am 50000 in credit with any such payment due to the amount I stole

Afyer running away she did exactpy that mafe a csa claim to fund her and her gang of gamling freinds habbits not to raise any child the csa also new of the document and the fact she was a domestic violent. And financial control freak also listed as domestic violence the csa ignored all of this and started taking my wages with no prior contact with me AGAIN ILIGAL they have to first contact you clearly stayes this in the csa act

I mafe a claim of not paying reason one the document reason two the domestic violence and the csa act 16 -10-1 domestic violebce victims to be protected

I was then attacked by my own son he was convicted of family violence battery assult again I stated act 16-10-1 of the csa that I am a repeted domestic violence victim and should not pay and im 50grand in credit with any such payment

Ignored again

Lucky enough my new partner is a channel islands girl lived in uk for 20 years we have bern together for 6

We have moved back to
The channel islands and changed ate names via depol

I am free I do not snswer to NWO NONSENSE OR FRAUDUANT BILLING

I will never ever pay simple as that

JamesB - December 5, 2013 at 2:41pm

Well done. Wrt the CSA, I also have sympathy for the Motor Neurones issue as my father has it also. I also agree with all of your post. Especially your paragraph below which really hits home and shows how morally bankrupt the CSA, feminism and the government are on this critically important issue.

They invade privacy they steal money and in the procesd destroy the concept of family and brainwash kids that this is how ADULT LIFE IS its a control mecanism and has nothing whats so evet to do with child welfare UTTER NONSENSE

Cathy - December 22, 2013 at 1:01am

My ex-husband has received a nil settlement for 13 .5 years. He left when our son was 1.5 years old and married our child minder and took on her 3 children having a child together who is now 11 years old. his wife’s oldest children are now all left school so i have asked for him to be re-assessed. I got my first award of £121 (he is self employed owns a 350K house and a holiday home, and sports car) – i only received this award after the CSA made his accountant produce his accounts beacuse he declined to do so, for over 6 months. 4 weeks into the award with no monies being paid, he asked to be re-assessed and got a nil settlement based on change of circumstances- he claimed he had seperated from his wife. He han’t and i appealed- i am a Fraud Investigator by trade and produced a 20page document to the CSA providing lots of information regarding additional income from a 2nd company he failed to disclose, income from the holiday home, and sheets of face book posts of him and his wife at various events still together including a wedding which was aired on the TV as her brother got married and is in the pubic eye, yet the CSA still gave him a nil settlement as he told them he would put half of his business in his wife’s name because they were seperated, he said they both live in the house him 4 days her 3 days to share care for their daughter, and this is why mortgage still in both names, why he isn’t claiming discount for council tax as single occupant and why it appears they are still a couple. i applied for a departure order and received an award against lifestyle but my ex-husband has appealed again – now changing other assests out of his name. Throughout this period of time which started November 2012, he has stopped allowing our son to visit him at home as he is no longer welcome incase he hears some thing or takes a photograph of them together. It appears everytime i prove to the CSA something and i get an award, his circumstances change a week later and then they accept it, and give him a nil award again! – i can’t win. Our son will be 16 in March, my husband is trying to pressure him to take a low paid job and not stay on in education as the new guidlines refer to staying in education until he is 18, then CSA will still be awarded/assessed. He told our son if he took a job then he could go back to visiting him at home – (only beacuse the CSA would stop)The CSA don’t see what he is doing – 4 awards in total all overturned beacuse circumstances change a week after an award- but they are still man and wife, are not divorcing, their 11 year old talks to my son on facebook and she knows nothing of her parents seperation/ sharing of the house! He owns a business that turned over 1 million last year, lies and there is nothing i can do about it as the CSA accept every word he says. Don’t get me wrong i have supporting my son for 13 .5 years on a nil settlement- i accepted his father took on a new family and had 4 children to support- but he has just 1 left at home now, i lost my job last year and while i am working now earn 55% less than i did, and a little help would make a difference. I would be happy for the CSA to take into consideration what i earn when making an award, i don’t want alot, it doesn’t cost hundreds to care for our son each month, but for him to pay nothing is just not fair not to support a life he was haapy to bring into this world.

Andrew - December 22, 2013 at 9:02am

The CSA has always gone for the easy target – the NRP on a salary who lives in this country – because their cost-benefit analysis leads to the result that that brings in more for the Exchequer than going for the self-employed with foreign income.

So long as their first commitment is to saving public money rather than getting the money for the PWCs that will remain the position.

I don’t normally mention another poster’s typos, Cathy, I do some myself, but I can’t resist

“her brother got married and is in the pubic eye” .

Whoopsie!

JamesB - December 22, 2013 at 2:14pm

That is the second longest paragraph I have ever not read. If it was broken down into paragraphs I would have read it as it seemed interesing to start with but I got confused with it.

JamesB - December 22, 2013 at 2:23pm

Just read this. It shows the importance of parents communicating and how the CSA steaming in, between parents, is not good.

It is difficult for men, but where an ex is struggling to bring up their child or children I think most would contribute to help, I certainly would.

The problem is that the CSA seems to be built on the assumption that men are bad and need to be squeezed for every penny. That is bad for all concerned and society.

It would be better to have pre nups or court orders instead or broad brush insulting CSA telling millions of men that they are criminals. That is the big insult.

My advice to splitting couples, try and keep it from turning into a fight. For the examples here, no one is happy, neither the men or the women and that is sad.

Indeed it is sad if just the men or just the women are happy. Unfortunately that is often the issue with divorce and separation where there are limited funds and not enough money to go round. Most separations are not like Nicole Kidman and Tom Cruise and people need better advice then believing what they see on TV. Happy Xmas and New Year to all.

Sue - January 10, 2014 at 6:05pm

Dear Marilyn

I divorced my South African husband about 8 years ago when we were both living in UK. I’m a British citizen. He has dual nationality. He was divorced for being violent and abusive after 8 years of marriage, 10 years together, although he always seemed to be a very loving father. Child support for our two children (then 6 and 3, now 15 and 12) was set by the court at £600 a month. A large amount of money as he was earning a very high salary at the time. Six months after we separated he returned to SA and continued to pay for 4 years.

Without any warning at all in April 2010 he stopped paying. He says he lost his job (I believe because of drunkenness but I don’t know for sure). I have always worked. At one point I was working 60 hours a week until my children started to develop depression and my immune system started to break down from stress and exhaustion. I have struggled for those 4 years, stressed and having nightmares. I have had some help from my parents but they have both passed away in the meantime. He has not contacted his children for 5 years and never sent so much as a birthday card- entirely his choice.

We are not starving but costs in the UK have rocketed in the past 3 years and continue to do so. I have two jobs, working 5 and a half days a week, and am struggling to keep up with the cost of living. My children are bright and want to go onto university. I’m really worried that we are going to end up losing our home and everything with it. It is also falling to pieces around my ears. I can keep up with the mortgage interest only (for now) but as the property gets older it needs work doing which is very expensive. This is a constant worry to me. Likewise if the car breaks down or I can’t work for health reasons etc. We can live but have no security and no margin for error.

The last time I spoke to him he was so drunk he was slurring (at 7.30 on a Tuesday evening) and put the phone down on me. He tells me he is doing odd jobs to get by (He was the CEO or similar of a major gaming company and previously had executive positions in gaming). I know he lives with a woman- funnily enough he appears to have hooked up with her when he stopped paying- whose facebook page refers to being ‘spoilt rotten’.

Is anything I can do from the UK to get him to pay something and take some responsibility? Even if he does not have a job he is certainly capable of having one and if not in SA, then overseas, where he worked for years. I don’t have a choice about supporting my children and neither should he.

If you have any ideas or contacts that would be great. I can’t afford to go to a solicitor here and I lived in SA so I know how the courts are there.

Thank you very much.

Marilyn Stowe - January 13, 2014 at 1:17pm

Dear Sue
You can enforce an English court order through REMO – follow this link ;-https://www.gov.uk/remo-unit-helpline
Regards
Marilyn

Hadenoughofthelies - February 3, 2014 at 12:56am

I have been chewed up and spat out by the legal system and I totally empathize with Mothers who are beaten down by partners who know how to manipulate the court system.
Get over it Dads who need to pay for your children. A Stay at Home Mother and Wife is a full time job and can not be measured by money alone. I think Fathers who refuse to pay for their children are a complete disgrace fo Society!

Taylor - February 4, 2014 at 9:51am

I came across this article by chance, but have been interested enough to read it, and the comments above. I am truly shocked at the overriding desire by some parents to get away with paying any, or as little as possible, contribution to the poor child they have conceived. They should hang their heads in shame. I have a son, and partner, so am not in the situation above, but I would imagine it is pretty difficult to move forward in life if ones partner leaves, moves abroad, refuses to contribute to the child they made and abandons them like unwanted clutter. GREED and SELFISHNESS and a lack of morality are all evident in the cases outlined. They may be masked or thinly disguised by excuses, but take a good long look at yourselves and the impact it has on your offspring. The poor child whose parent would quite easily look upon as yet another bill or monthly payment to worm themselves out of. They should hang their heads in shame. Sadly their children are probably better off without their disgusting examples of human behaviour.

malcolm x - March 9, 2014 at 1:33am

I have lost half the night reading all the posts. Most seem to need a reality check and think ahead – children are the most important – always. Women who do not receive what they are owed (through the courts) is one thing – men who know they owe but don’t is another. I thought this original article was about how the law is trying to sort issues with multi-national domiciled parents. How wrong could I be.

In short the parents who are do not live full time with the kids need to go back and think how they felt when their children were just days old – how many promises were made of constant love, protection etc etc. If dads or mums who now live away from their kids were to remember those thoughts, it would be nice to think they would stick their hands into their pockets.

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