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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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my daughter ex husband works abroad so does not pay English

Customer Question

Hello my daughter ex husband works abroad so does not pay English taxs so he's playing he does not have to pay to child maintenance card could you please please give me advice is they anyway of getting child maintenance off him for my granddaughter please many thanks David
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Which country does her ex work in and how old is the child?
What links de she ex still have with the UK?
Clare
Customer: replied 1 year ago.
Hi.our granddaughter is 2years..he gets sent to different countries he's been to South korea,America,he gets paid out of Dubai.....he would normally work 6weeks and get 3 weeks off then get posted somewhere else but his time in the uk is getting longer each stay at the moment he's been home for over 5weeks! He lives with his parents when he's home but in the process of buying a new build with his girl friend!! He also has a car on finance in the uk hope this is of some help thanks.
Expert:  Clare replied 1 year ago.
Hi
Excellent - very helpful.
Any idea when his purchase will be completed?
Clare
Customer: replied 1 year ago.
Hi I'm not a 100% sure but he mentioned to my daughter that he was moving in at Easter!. Am I right in thinking Clare that you have to be out of the uk for 9months out of a year to be entitled not to pay uk taxes? Thanks for your help.
Expert:  Clare replied 1 year ago.
Hi
That is not a concern
The fact is that your daughter has two possible options.
She can wait for the purchase to go through and then go back to the CMS (new CSA) and point out that since he is resident in the Uk he is still liable for a CMS assessment.
Alternatively she can issue an immediate application to the family court for child maintenance and get the court to make an enforceable order
Please ask if you need further details
Clare
Customer: replied 1 year ago.

He's already been accessed but the CSA are saying because he gets paid from Dubai he doesn't have to pay CSA as he is getting paid from a foreign company that's not UK based!! Very confusing as he is still earning a good wage but getting paid out of Dubai I just don't understand how it works!

Expert:  Clare replied 1 year ago.
Hi
Your daughter can challenge that refusal on the grounds that her ex is resident in the Uk - but frankly it will be easier to go the court route immediately
Clare
Customer: replied 1 year ago.

Okay thanks for your help.

Expert:  Clare replied 1 year ago.
Hi
You are most welcome - I hope all goes well - and remember the maintenance cannot be backdated to a time before any application is made!
Clare

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