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?
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?
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
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?
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?
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.