Told I could apply for a REMO to get money from ex

July 22, 2012

My ex has not paid maintenance for my son for over 12 months he first tried to say he had lost is job but I have found out he is working for a German company paying tax there but living in the UK.

I was told I could apply for a REMO as because Germany are in the EEU they have a recepricol agreement and my ex is still liable.

When I contacted my local courts to proceed they said he would have to live in Germany and I would have to have an address.

I am going round in circle it would appear unless your case is straight forward the CSA don’t want to know.

Comments

4 Responses to “Told I could apply for a REMO to get money from ex”

  1. rach on July 22nd, 2012 8:41 pm

    csa still have jurisdiction in your case but can only ever give a nil assessment as he has inasessable foreign income . remo wouldnt have been much better anyway as germany is a lot different with their child support then the uk!

  2. gemma on October 1st, 2012 10:29 pm

    call your local family court and write the situation in a letter they will then send you forms to fill in, after that they have a court order drawn up, then they send it to remo in london to be translated and send a german copy to germany, the court order will apply in both countries!

  3. rach on October 2nd, 2012 7:17 pm

    that wont work! he doesnt even live in germany so they wont want to know! as he lives in uk the csa have jurisdiction and that is as a nil assessment.

  4. chall on October 2nd, 2012 7:53 pm

    ‘What is not clear is what happens when the NRP is habitually resident in the UK but earns money abroad. According to the CSA, it depends on whether the case is considered under the ‘old rules’ (prior to 2 March 2003) or ‘new rules’ (the current scheme). If the assessment was made under the old rules, then income earned abroad can be included in the maintenance assessment by way of Schedule 15, Paragraph 15 Child Support (Maintenance Assessments and Special Cases) Regulations 1992, which refers to ‘any other payments or other amounts received on a periodical basis which are not otherwise taken into account’.

    Under the new rules the position is more difficult. The CSA had taken the view that income earned abroad by an NRP habitually resident in the UK is not to be taken into account in the calculation of maintenance. Such a person would not, it is argued, meet the requirements of being an ’employed earner’ who is ‘gainfully employed’ paying UK income tax on the earnings or a ‘self-employed earner’ as provided for under the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 (MCSC 2000). Recently, however, this approach was rejected at Tribunal and it was decided that the definition should not exclude income earned abroad.’

    http://www.lexology.com/library/detail.aspx?g=309ca078-abbc-4c1e-a52b-dfd642caa84a

Got something to say?