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CM payment law if receiving parent moved aroad
#1
just out of interest

if the paying parent lives in england

and the mother moved to another country (lets leave the without consent/PSO etc out of the scenario)

Is the father still legally obliged to pay CMS to the mother for child living abroad. or are the certain countries she can/cant claim from

would be interesting to know this
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#2
(08-01-2017, 11:30 AM)bimma Wrote: just out of interest

if the paying parent lives in england

and the mother moved to another country (lets leave the without consent/PSO etc out of the scenario)

Is the father still legally obliged to pay CMS to the mother for child living abroad. or are the certain countries she can/cant claim from

would be interesting to know this

Where CMS no longer have juristriction, then the County Court can be used to claim Child Support. The Courty Court can also enforce Orders made in any EU Family Court, and several other Countries.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
just to clarify The mother leaves uk not the paying father

so if the mother leaves uk to another non eu country
then unless the mother applies via a county court in UK or the other county
CM is not payable by law? and CMS cannot deduct it from wages .

and does this still apply for example if there is an exisiting CMS claim /payment in place in uk, then mother decides to move abroad to a non eu county. does the CM payment cease to be payable as the CMS have no jurisdiction
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#4
I'd call them and ask if that's what's happening to you buddy.
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#5
(08-01-2017, 01:31 PM)bimma Wrote: just to clarify The mother leaves uk not the paying father

so if the mother leaves uk to another non eu country
then unless the mother applies via a county court in UK or the other county
CM is not payable by law? and CMS cannot deduct it from wages .

and does this still apply for example if there is an exisiting CMS claim /payment in place in uk, then mother decides to move abroad to a non eu county. does the CM payment cease to be payable as the CMS have no jurisdiction

Jurisdiction of CMS can change for a number of reasons, but the normal would be for the Resident Parnet  to apply where the child is located, and then ask the Courts near the non resident parent to enforce it if needed.

However, where the non resident parent is located in the UK, and the resident parent is outside it, they can still be a case in our County Court for Child Support.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#6
If you fancy being a real a**e about it, you could also move out of the UK. Not advising that though.
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#7
(08-01-2017, 04:57 PM)Jaz184 Wrote: If you fancy being a real arse about it, you could also move out of the UK.  Not advising that though.

But if your in an EU Member state, soon as you start to work (so pay tax etc) or claim benefits it will catch up with you.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#8
Valid point
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