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CSA advice forum » Child Support Agency

1. sellers
   Member
   
   

   Hi
   I am happily married with two kids, as well as a third from a previous "relationship", who I never see and who I'm sad to say is nothing but a source of financial woe to me.
   My wife and I are talking about moving abroad to a country with which the CSA has no reciprocal relationship. I understand that arrears would be accrued, until the child reaches adulthood. I have two questions: (these both might seem naieve/stupid, but I've never really looked into it before)
   1) If I live abroad but return to the UK from time to time, would the CSA have the power to sieze my passport to prevent me leaving again, arrest me, etc? I would be coming back for visits of maybe a month at a time.
   2) If I were to return to the UK at some point in the distant future, say when I'm 50 (and the child nearly 30), I take it that any arrears outstanding would no longer be chased?
   Thanks
   Chris

   Posted 2 months ago #

2. sellers
   Member
   
   

   Sorry, one thing I forgot to mention which is potentially important - The payments at the moment are not through the CSA, it's an arrangement between us. But I imagine within a week or two of no payments, she'd be straight onto them

   Posted 2 months ago #

3. mr.pink
   Member
   
   

   From CSL 109 Section 2.4
   The CSA can calculate and collect child maintenance only if the PWC and qualifying child are habitually resident in the UK. Normally the NRP also has to be habitually resident in the UK. NRP's living abroad and emplyed by the CRown or a UK based employer are covered by the CSA's jurisdiction.

   From this, it could be deduced that the CSA would not take on the claim if you were abroad, therefore no arrears could acrue.
   You can be a non-resident and visit, but again there would not be an assessment in place.

   Posted 2 months ago #

4. sellers
   Member
   
   

   Thanks - this makes sense, however, what's the point the point of having the REMO arrangement with other countries if this is the case? Would REMO only be applied for if the mother already had a CSA order against me at the time I left the country? Ie, if the CSA aren't onto me by the time I get on the plane, they won't be onto me at all? (BTW the country we're looking to go to now IS on the REMO list - last time I looked it wasn't!!!)

   Posted 2 months ago #

5. mr.pink
   Member
   
   

   Maybe CSL 109 has been superseded by new Regs. I am not aware of REMO - what is it?

   Posted 2 months ago #

6. sellers
   Member
   
   

   Reciprocal Enforcement of Maintenance Orders - meaning the CSA can ask foreign authorities to collect on its behalf.

   Posted 2 months ago #

7. mr.pink
   Member
   
   

   From the Direct Gov Website:
   (REMO) is the process by which maintenance orders made by UK courts, on behalf of UK residents, can be registered and enforced by courts or other authorities in other countries against people resident there.

   This does not apply as there is no Court Order in place. The CSA are not even involved. If you keep paying up until you depart, then the CSA will not accept the case.(see above)

   Posted 2 months ago #

8. sellers
   Member
   
   

   OK. I thought this might be the case but good to have a second opinion. Thanks for your help.

   Posted 2 months ago #

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