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Ex disappeared abroad but no idea where - can REMO be used?

(14 Posts)
80085fan Sun 21-Jan-18 11:11:53

Hello all, your advice please?
Brief background on the situation:
I am PWC of 2 Kids (6 and 8), who decided they don't want to see their dad. Since they have refused all contact with the Ex, he has disappeared overseas and stopped paying maintenance. Unfortunately I don't know where he's gone and I have no way of finding out.

My question is, will the REMO process be of any use, given that I don't know where he is?

If not, how can I track him down to start the REMO process?

Collaborate Sun 21-Jan-18 11:19:51

I don't think so. It needs to be targeted at the country he/she is now in, so without knowing that your case won't get off the ground. There are various private investigators who advertise finding services. Perhaps try one of them?

80085fan Sun 21-Jan-18 12:19:19

Thanks for your response. Unfortunately those private investigators cost a Fortune with no guarantee of success. Not really a viable option for me.

He's not on social media and his parents will not divulge his whereabouts. I know he's not in the UK whatsoever.

RedHelenB Sun 21-Jan-18 16:22:32

I know it's unfair but I would wash my hands of him and forget pursuing him. It will release much needed headspace.

Tamatave2000 Fri 23-Feb-18 06:36:58

I am in same boat. Ex is overseas, but I don't know which country.

CMS have assessed £7/week based on his Tax Return, but that was only after I told them he has rental income.

I have not seen the Tax Return as CMS are not permitted to provide. Some suggested to appeal as Tribunal can demand copy of Tax Return. However, I have seen on CAB website that only UK Taxable Income is taken into account.

Others have advised that if ex is Non Resident in accordance with Statutory Residence Test (whatever that is) he does not need to include this on the Tax Return. Is this correct? Is so a Tribunal may not help as Tax Return would not show overseas income.

Can Tribunal demand bank statements from ex and make an assessment? However, if ex can't be traced how would tribunal ruling be enforced?

Any suggestions welcome as I am struggling to make ends meet

Collaborate Fri 23-Feb-18 12:02:11

If he's no longer resident in the UK CMS will lose jurisdiction. You can then apply to the court for child maintenance.

bluecashmere Fri 23-Feb-18 12:09:30

I would just cut ties. Can you not afford to live without money from him?

Btw 6 and 8 year olds can't legally decide not to see their father so if you did somehow manage to get to court to organise maintenance he would have a case for going to court for contact.

PersianCatLady Fri 23-Feb-18 12:18:02

My DS has now turned 18 but in all those years I think I had £500 from his father in maintenance.

TBH Now his father wants to try and have a relationship with him, I am glad that I can say to him that he did not even bother to pay for his son so how come he suddenly seems to care so much

Charolais Fri 23-Feb-18 16:31:32

Is this correct; the children at age and 8 refused to see their dad and so he didn’t see the point of hanging around and left the country and you are trying to get money from him? Why did they refuse to see their dad?

80085fan Sat 24-Feb-18 11:38:18

It was a very messy divorce from both sides. I won't force my kids to see their dad and tbh I haven't made it easy for him, I'm still very bitter about the break up.

Tamatave2000 Mon 26-Feb-18 03:48:24

To Collaborate

My ex works through his own Limited Company that is registered in the UK. Does this help? Can a Deduction From Earnings order be made against the Limited Company?

Collaborate Mon 26-Feb-18 07:28:04

If he works for a UK registered company then CMS might still retain jurisdiction.

Tamatave2000 Mon 26-Feb-18 08:07:54

To Collaborate

Thanks for the prompt reply. CMS have established from Ex's HMRC Tax Return that Ex is Non Resident for Tax Purposes. The only income CMS can take into account is rental income as that arises in the UK and is subject to UK Tax. Apparently Foreign Earnings are not subject to UK Tax as Ex is Non Resident.

If Ex's earnings are similar to what they have earned in the past when outside the UK could be looking at £100K per year tax free. Does not seem right that a parent with that level of earnings gets away with paying so little.

What is the procedure for applying to the Courts in these circumstances?

Collaborate Mon 26-Feb-18 08:40:08

CMS will still have jurisdiction if he is employed by a company (registered under the Companies Act 2006) that employs employees to work outside the UK but makes calculations and payment arrangements in relation to earnings in the UK so that a deduction from earnings order could be made under section 31 of the CSA 1991.

If you're stuck with the courts you need to apply under Schedule 1 of the Children Act. You need to complete this form formfinder.hmctsformfinder.justice.gov.uk/a1-eng.pdf

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