How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33816
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

I work and live in China as a teacher. I stopped paying CSA

Resolved Question:

I work and live in China as a teacher. I stopped paying CSA in January 2015 and instead put this money, plus an extra £200 a month, into a high interest savings account for my two children. This will run for 13 years and give them much security when they are older. My ex-wife was not spending CSA payments on my children - hence this step. I received a letter today from the CSA, who say that I owe money and, if not paid, my case will be passed to the Child Maintenance Service.
- are any court orders enforcable in China: I have a residency permit now?
- will I be arrested if I return to England to see family?
- can my Chinese employer be made to withhold money from my salary?
I guess that this all hinges on whether or not UK court orders are enforcable in China.
I appreciate any help that you can give me.
Submitted: 12 months ago.
Category: Law
Customer: replied 12 months ago.
I also agreed as part of the divorce settlement to pay £175 per month to my ex-wife so that my pension would remain with me. She has now remarried. (a) will I have to continue paying this even if she should pass away (she has a terminal illness now) and (b) my pension has now been moved from the usual teacher's pension pot to a private financial consultancy on the Isle of Man. If I stopped paying this £175 would she be able to go after my new pension? I am not a heartless person in the least but I need to know this in relation to the future of my two children. Thank you, Michael.
Expert:  Clare replied 12 months ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstWhat assets do you still have in the UK?
Customer: replied 12 months ago.
I am still named on the joint mortgage of the former matrimonial home, which my wife lived at with her husband. The court order stipulates that if it is sold my ex-wife receives all monies from the sale. The bank would not release me and wanted her to show she can pay the mortgage without default before considering this so the judge gave her 10 months to show this, which passed over a year ago. This was part of the divorce agreement. Aside from this, no assets in the UK. She is refusing to now sell the house.
Expert:  Clare replied 12 months ago.
What is her life expectancy and how old are the children?
Customer: replied 12 months ago.
The children are 11 and 10. Her life expectancy could be anything between 2 and 8 years. However, it is more likely to be closer to the former considering her length of illness. I am planning on living and working in China for at least the next 13 years.
Expert:  Clare replied 12 months ago.
Will you come to the UK at all in that time?Indeed will you ever wish to have financial assets in the UK in the future
Customer: replied 12 months ago.
Previously, I have been in the UK for 3 weeks in the summer and 2 weeks for Christmas. However, this could stop if need be. I do not plan on having any assets in the UK in future and plan to retire abroad when I am 55. I always have somewhere to stay in the UK in terms of my parents house. This will be left to me should, God forbid, anything happen to my parents. In terms of existing assets, my teacher's pension is currently in the Isle of Man, as is a savings account (high interest) that I currently pay £650 a month into. This will continue for the next 13 years.
Expert:  Clare replied 12 months ago.
have you notified the CSA that you live and work abroad?
Customer: replied 12 months ago.
Yes. They know that I work in China. I was very open and told them of my intentions to still support my children while living and working abroad. However, they also know that this will be done as outlined in my previous messages. I am currently paying far more than the £420 CSA each month into a savings account. My children are the sole benificiaries of my teacher's pension too. Under no circumstances will I pay this to CSA so that it goes directly to my ex-wife, who uses it for things unrelated to what it is designed for. While abroad, I will keep my childrens' savings account accruing interest for when they are older.
Expert:  Clare replied 12 months ago.
I am a little confused as unless you are working for a UK based company the CSA no longer has jurisdiction.When was the Assessment made?
Customer: replied 12 months ago.
The letter was dated February 29th - it takes a while to reach China! They know I am in China and are still trying to get me to pay. I am not working for a UK based company. There are two possibilities here: (a) there is something that I do not know about regarding trying to obtain and enforce a court order in China - I am sure that this cannot be done, although it can be in the EU and (b) the CSA is so incompetent that they send automated, standard letters to any address, without checking whether or not it is in a different country. If this is the case, surely taxpayers' money would be wasted in going through a UK court to pursue the matter?
Expert:  Clare replied 12 months ago.
Go for option 2.When was the formal CSA assessment first made?
Customer: replied 12 months ago.
I first started paying CSA when I separated from my ex-wife, which was in about 2010. The assessment is done every year, so the amount changes slightly if circumstances change. The last time that I received a document detailing the amount to be paid each month was about a year ago (10 months).
Expert:  Clare replied 12 months ago.
When did you move to China?
Customer: replied 12 months ago.
I moved here on January 5th, 2015.
Expert:  Clare replied 12 months ago.
The CSA no longer have any Jurisdiction over you since you are not resident in the Uk and are not working for a Uk company.You shoudl write a clear formal and unambiguous letter to them pointing this out.Assuming you were not in arrears in January 2015 then you owe them nothing.If you were in arrears then they can collect these whenever you do return to the UK.Given that there are no reciprocal agreements in place between the Uk and China no Court Order for maintenance could be enforced against you.It is not impossible that a Court would make an Order to be enforced in the future - but it is most unlikely.I hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 12 months ago.
If I "owe" them money, can I be arrested for non-payment if I return to the UK?I would think that this is a civil, rather than a criminal, matter. However, for peace of mind, I'd like to check.
Expert:  Clare replied 12 months ago.
Technically it is possible - but only after lengthy proceedings which will have to be served on you
Customer: replied 12 months ago.
Can I be charged money for these lengthy proceedings?
Customer: replied 12 months ago.
And how likely is this to happen?
Customer: replied 12 months ago.
Lastly, can they have me detained at passport control upon entering the UK? This mean seem a bit "ott". However, I would like to know.
Expert:  Clare replied 12 months ago.
Yes they could claim costs - but remember ONLY for arrears arising BEFORE you left the UKThey will not detain you at passport control
Clare, Solicitor
Category: Law
Satisfied Customers: 33816
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions