ExP emailed from Abu Dhabi to say no more maintenance... can this be right?!

[ColeslawGuzzler]

Just got an email from my exp, father of ds and dd, telling me he's gone to work in Abu Dhabi and won't be paying child maintenance anymore. We've had a relatively amicable arrangement until now - no CSA or court order - he's just calculated what my share of his take home is each month and transferred it to my bank account. I thought I could trust him. He says there isn't an agreement between UK and AD and that he doesn't legally have to pay me a penny whilst he's there! Can't believe it. He must be on a packet too.

Does anyone out there have experience or knowledge of this. Please. If he's right and he doesn't have to pay up whilst he's there, does he have to back date payments when/if he comes back? Is there anything the CSA can do to help me?

Ironic that it's fathers' day. Sh*thead.

[mamas12]

Don't know about the agreement thing but if he is working for a British or American firm you could contact them. I know of someone who did this and the portion of salary was sent straight to her and not to him.

[ColeslawGuzzler]

He said he's working for an Emirati organisation.

[mamas12]

In that case I think you had better get yourself to a solicitor.
Do you agree with his calculation by the way?
Write down all the questions you think you need answers to and hopefully someon will come along to help with that but get it legal asap.

[ColeslawGuzzler]

I agree with his calculations, but don't actually see his payslips (though what he says his take home has been is quite believable for what he does). I never had any reason to doubt him until now.

[STIDW]

Sadly the father is correct and there is no ways to enforce child maintenance when a non resident parent lives and work in UAE unless he works for a UK company or has assets here. You can apply to the CSA or through the courts for child maintenance so that when he comes back any arrears may be enforced.

[mumblechum1]

What STIDW said. There's no reciprocal enforcement of maintenance agreement with Abu Dhabi.

[VivaLeBeaver]

Nice, does he not see his kids? What an arse.

[Collaborate]

If he's not working for a UK company (or a subsidiary of one) the CSA won't have jurisdiction. Then you have to apply to the court. If he doesn't comply with the court's order you can apply for enforcement against his capital here, or apply for a judgment summons (imprisonment for willful refusal to pay when he can clearly afford to do so). Seek an early appointment with your solicitor. Maintenance can be backdated to the date of the application but not before.

[ColeslawGuzzler]

From what you say STIDW, I might at least get some money if he came back after a couple of years. What would the CSA calculate arrears on though? He won't pay UK tax whilst he's out there, so he won't be in the system. Do you think they'd just go on his last P60 and base maintenance due on what he would have been earning if he stayed in the UK? I must say, I thought that to get a court order or CSA agreement in place both parents have to be resident in the UK.

Yes, he does have a house. He bought with his new partner, and as far as I know he's not sold it. Don't know if she's gone with him or what. Maybe they're renting it out. We have a court order in place regarding assets - it says we don't have a claim on each others pensions or assets etc. Would that make a difference here?

You're right about a solicitor unfortunately. I need to see one.

[ColeslawGuzzler]

Thanks Collaborate. So, I can apply for a court order even though he's living in UAE. That's good. How does enforcement against his capital here work though (you sound as if you know what you're talking about)? Can the courts sieze his house and sell it to collect some money on my behalf. What if his partner didn't go with him adn is still in it. What if, even worse, they put it in her name!

[mumblechum1]

(Just while Collaborate has gone off to baste the lamb or whatever, the procedure is to apply for a secured provision order. That means that if your ex doesn't pay the maintenance ordered, his capital can be applied to pay it.

It's a pretty rarely used mechanism, but hopefully your solicitor will have included a blanket application for everything on the Petition.

[mumblechum1]

Just re'read your post.

Are you married to your children's father? If not, my last bit of advice won't work.

[ColeslawGuzzler]

We were married. Divorced in 2002.

[mumblechum1]

Is there a consent order?

[ColeslawGuzzler]

We have no consent order in place. I've just been looking on some legal sites and think I need to apply for one. Any idea how do they determine how much maintenance should be paid via the order though?

[Collaborate]

You can apply for a child maintenance order by filing a Form A (you can get this from the court and tribunal service) and the fee. The court may well follow the CSA % calculation. You can also apply for capital provision while you're at it.

An inspired bit of advice from mumblechum - never used it in my 20 years of doing this but it might be just what you need. You would be able to prevent him selling his assets pending your application being heard by registering the claim at the land registry.

Unfortunately been doing non basting of lamb today. Just ironing, window washing and laundry - and on fathers day too! :o(

[iheartdusty]

OP said:
"We have a court order in place regarding assets - it says we don't have a claim on each others pensions or assets etc"

which sounds as though there has been an ancillary relief application already.

[mumblechum1]

Huh? Opening post says there's no court order.

[BrianAndHisBalls]

I know the court options are the sensible ones, but in the meantime is it worth starting a thread maybe in chat saying 'What would you think of a man that does this...' getting all the responses and then sending him a link? Long shot I know but maybe seeing exactly what people would think of a 'father' that treats his children like this might shame him into not being such a total arse?

I add this to the suggestions re court as my own court battle went to Court Appearance 412 last week and my exh was ordered to pay £10 a month off his arrears of £6000....

[iheartdusty]

I assumed she meant there was no order re child maintenance.

the quote is from ColeslawGuzzler Sun 19-Jun-11 18:16:41

OP, what's the situation?