CSA payments - am I still entitled??

[zoeburrell]

Does anyone know?

 

I am a single mum of 2 fabulous children, Becci (14) and James (12) due to emigrate over the New Year. We have been planning the migration for almost 2 years and the first thing I did when I thought about migrating was to go and speak to my ex-husband (the children's father). After-all, if he wasn't happy with me taking the children I wouldn't have started the process! He agreed that it would be a great opportunity for all of us and supported my decision. We have been seperated for 8 years and he has since remarried and has 2 more children (5 & 3yrs). The divorce wasn't particularly pleasant and he stopped paying voluntary maintenance and forced me to go through the CSA. Since then I have received regular payments and there has never been a problem.

 

The problem seems to be cropping up now though - he is saying that, as he won't be able to see the children regularly (although I have promised to bring them back to the UK for 6 weeks every year) that he won't be continuing paying maintenance for them. I have tried to explain that just because he's not 'seeing' them they will still be in regular contact via web cam, email etc and that just because we are on the other side of the world they don't stop being his children. The amount that he pays isn't a huge amount but it would help with school fees (the children are going to a Catholic school so fees are involved), uniforms etc.

 

Does anyone know whether he can just 'stop' paying? I've emailed the CSA twice but just get the standard response 'we'll look into it and get back to you'.... then hear nothing!

 

Help!!

 

Zoe xx

[TaniaColin]

Hi Zoe

I only asked this question yesterday to the CSA, my Ex has no contact with his 3 children and has left his job in August, so they are now trying to trace him. I informed the CSA that we were in the process of emigrating and the lady i spoke to said you can go to the courts in Australia and she named an organisation which could get payments for you. Phone up and ask them again

Best of luck

Tania X

[ali]

Just thinking/typing aloud ...I would imagine that it would be a costly process to go through the courts in Australia and don't know what jurisdiction they would have to force someone in another country to pay

 

I know a lot of single parents have used the payments as a bargaining tool to gain permission for them to take the child(ren) to Aus e.g. the parent staying in the UK wouldn't have to continue payments if they gave permission for them to go.

 

I don't know if legally he could 'just stop paying' but I guess there would be nothing to stop him from doing so and it would be upto you to chase him for it, which as I say may be rather costly for you. Could you come to some agreement for him to pay for the flights for the children to come to England for holidays instead?

 

Good luck, and I hope that the CSA get back to you with official confirmation soon.

[Que Sera Sera]

Hi I am now an expert on this. My ex went to Australia a few years back and my eldest is now living with him. I have maintenance demands for my daughter and the CSA sends the demands straight to my house here in the UK.:frown:

[mr luvpants]

Yep this is definitely the case. I have been paying maintenance for 7 years and the ex took me to court to carry on paying..................even though my son is 19 and now lives away at Uni!!!! Well obviously the greedy b@gger lost in court but I did ask my solicitor about the oz situation and he did say that the UK and Oz have an agreement when it comes to tax and CSA payments and you can not get away with it.