Major Tom Posted July 10, 2015 Share Posted July 10, 2015 Hi all, We currently have a active CSA claim on-going within the UK. Will this stop when we move to Australia? Cheers MT Link to comment Share on other sites More sharing options...
Que Sera Sera Posted July 10, 2015 Share Posted July 10, 2015 Which way ? .the answer either way is no. There is a reciprocal agreement but I've only experience of absent Father going to Australia, in this case Mother needs to go to Family Court o get the order, Im presuming it's the same the other way too. No absent parent should leave the country without making provision for their children left behind , that's just wrong! Link to comment Share on other sites More sharing options...
Major Tom Posted July 10, 2015 Author Share Posted July 10, 2015 Thanks, we have a aGreed CSA payment from Father of my Stepson, but my partner thinks that unless it's not official that it needs to be still paid once we leave the UK, as soon as we go, he will stop the payments. if so, could we preempt this now by any action? Has anyone else come across this situation? https://www.gov.uk/child-maintenance-if-one-parent-lives-abroad/paying-parent-lives-in-the-uk Cheers MT Link to comment Share on other sites More sharing options...
JEM44 Posted July 10, 2015 Share Posted July 10, 2015 Im moving with my kids next year. We have no contact with "dad" but he does pay CSA. THE CSA constantly ask me when we are leaving as he knows once we go he won't gave to pay as the CSA have no jurisdiction outside of mainland UK. I am planning on taking him back to court to have payment agreed, however if he does not pay once we leave the UK, I'm not sure how a UK court can enforce it if I'm no longer here to chase it. Link to comment Share on other sites More sharing options...
Major Tom Posted July 11, 2015 Author Share Posted July 11, 2015 We rang CSA, and they said there is a recipical agreement with the UK to make sure payments are still met. Cheers MT Link to comment Share on other sites More sharing options...
Guest Posted July 11, 2015 Share Posted July 11, 2015 In regards to this i don't think any international csa agreement is inforceable. My sister was married to a Japanese man and she was advised that nothing can be enforced from any country. Thank fully she hasn't had an issue and the father continues to send the payments. Link to comment Share on other sites More sharing options...
Major Tom Posted July 11, 2015 Author Share Posted July 11, 2015 In regards to this i don't think any international csa agreement is inforceable. My sister was married to a Japanese man and she was advised that nothing can be enforced from any country. Thank fully she hasn't had an issue and the father continues to send the payments. My partner rang them, and they said they are enforceable from within Australia, see the list on this link below:- https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/390367/remo-countries-list.pdf Cheers MT Link to comment Share on other sites More sharing options...
JEM44 Posted July 11, 2015 Share Posted July 11, 2015 But practically how would failure to pay be enforced? That's the bit I think people (myself included) don't understand. Link to comment Share on other sites More sharing options...
Peach Posted July 11, 2015 Share Posted July 11, 2015 But practically how would failure to pay be enforced? That's the bit I think people (myself included) don't understand. Because the parent being made to pay is still in the UK all the usual enforcement methods (court, garnishing pay) can be used to recover the money. Link to comment Share on other sites More sharing options...
scattley Posted July 11, 2015 Share Posted July 11, 2015 But practically how would failure to pay be enforced? That's the bit I think people (myself included) don't understand. It's enforced by the money coming out of their salary with the tax if they have shown they are not willing to pay independantly. The Ausralian government will assist in this way for UK orders Link to comment Share on other sites More sharing options...
Bronyaur Posted July 11, 2015 Share Posted July 11, 2015 But practically how would failure to pay be enforced? That's the bit I think people (myself included) don't understand. If the arrangement is private between two parents and no agency is involved then the paying parent moves to a non euro country it cannot be enforced. However if the arrangements have already gone tthrough a court then it can be chased up in the other country. The important part is to gain a court order before they go abroad. Its a civil matter which means the order can only be made while the paying parent is resident in Uk. Criminal matters are dealt with entirely differently. Link to comment Share on other sites More sharing options...
Parley Posted July 11, 2015 Share Posted July 11, 2015 I actually don't believe the dad should pay in this situation. If a new man has come on the scene, and taken over as de-facto father in every other way, changed the child's name to his own and moved the child to another country on the other side of the world. It seems to me the birth dad is often shut out completely, not able to see his child. But is still expected to pay child support. Probably won't be a popular view, but if someone new takes over as Dad, then don't expect money if you move your family overseas. Link to comment Share on other sites More sharing options...
Que Sera Sera Posted July 12, 2015 Share Posted July 12, 2015 @Leah1921 If the absent parent is in Australia then the Australian CSA gets the money from the parent. If the absent parent is in UK then the UK CSA obtain the money from the absent parent. I had to go to court this side they put the claim into CSA Australia, CSA Australia acted quite quickly. My experience of CSA UK was that they were rather slow at everything so I don't suppose they'd be any quicker doing this but the reciprocal agreement is there and it is enforced. Link to comment Share on other sites More sharing options...
Freesia Posted July 12, 2015 Share Posted July 12, 2015 Hi all,We currently have a active CSA claim on-going within the UK. Will this stop when we move to Australia? Cheers MT i had an active claim in the UK (it wasn't being paid though & the CSA washed their hands if it & all the back payments as soon as we left- just so you're prepared!) in order to claim Family Assistance there has to be an attempt to enforce the claim from Australia- so I had to sign a Power of Attorney to the Aus CSA & they took on the claim- still waiting to hear anything at all a full year on . I did tell them it was a lost cause . But they said they have ways & means- & will even suspend a passport if necessary to gain compliance. I'm not holding my breath - but I am disappointed that the systems just don't seem to work if the non- compliant father is determined enough. Link to comment Share on other sites More sharing options...
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