Child Support and Moving Overseas
Its a common question. "Do I have to pay child maintenance if I move abroad?
Heres the answer for some:
The Child Maintenance Service will not reduce the child maintenance you pay if:
- You move overseas for less than 12 weeks.
- You are serving in HM Armed Forces or employed by the UK Government.
- You are paid in the UK, for working overseas, but regularly return to a UK primary address.
And for the rest of you, continue reading!
Changing Your Address
Just changing your address with the Child Maintenance Service will not mean you will no longer have to pay, nor will it automatically close a CMS case. If you leave the country without speaking to the Child Maintenance Service, the child support assessment will continue, and the CMS may even take action to enforce the collection of child maintenance.
The Child Maintenance Service, will not accept your statement that you are overseas unless you can evidence the fact. The CMS will have to assess if you are habitually resident in the UK, and to do this they will have to consider:
a. Your length and continuity of residence in the UK.
b. The length and purpose of any absence from the UK.
c. Your reasons for leaving the UK.
d. Your future intentions.
e. The nature of your work
f. Where your centre of interest lies, and
g. Whether you have a substantial connection with a place.
So what does this mean. Well if you cut all ties and leave the UK with your family, and have no intent to come back, your maintenance will stop. If you are working for a few months, returning home to see partner and children frequently, it wont stop.
How Can I Prove I Am Moving Overseas
a. Deregister as a UK tax payer via HMRC
b. Stop payment of any DWP benefits
c. Remove any lines of credit. In other words, pay off overdrafts, loans and credit card debt.
d. End your tenancy or sale your home. If you are going to rent it, you will need to complete the HMRC forms for persons renting property but living overseas.
e. Provide evidence of an overseas residency permit
f. Provide evidence that you are living abroad, such as a tenancy agreement
The REMO Reciprocating Countries List
Reciprocal Enforcement of Maintenance Orders (Known as REMO), is a process where maintenance can still be claimed from you, via an overseas court. This is not a CMS process, but is mentioned as living in a REMO country can still lead to a court application for child support. It is not administered by the Child Maintenance Service.
The following countries are subject to REMO
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BOTSWANA HONG KONG SINGAPORE - BRAZIL
- HUNGARY
- SLOVAKIA
- BRITISH SOLOMON ISLANDS
- INDIA
- SLOVENIA
- BRUNEI
- IRELAND – The Republic of
- SOUTH AFRICA
- BULGARIA
- ISLE OF MAN
- SPAIN (includes the Canary Islands)
- BURKINA FASO
- ISRAEL
- SRI LANKA
- CANADA (Will trace if the province is known)
- ITALY
- SURINAM
- ALBERTA
- JAMAICA
- SWEDEN
- BRITISH COLUMBIA
- JERSEY
- SWITZERLAND
- MANITOBA
- KAZAKHSTAN
- TANZANIA (Except Zanzibar)
- NEW BRUNSWICK
- KENYA
- TRINIDAD AND TOBAGO
- NEWFOUNDLAND AND LABRADOR
- KIRIBATI
- TUNISIA
- NORTHWEST TERRITORIES
- LATVIA
- TURKEY
- NOVA SCOTIA
- LESOTHO
- TURKS AND CAICOS ISLANDS
- NUNAVUT
- LITHUANIA
- TUVALU
- ONTARIO
- LUXEMBOURG
- UGANDA
- PRINCE EDWARD ISLAND
- NORTH MACEDONIA
- UKRAINE
- SASKATCHEWAN
- MALAWI
- UNITED STATES
- YUKON TERRITORY
- MALAYSIA
- URUGUAY
- CAPE VERDE
- MALTA
- VIRGIN ISLANDS
- CAYMAN ISLANDS
- MAURITIUS
- ZAMBIA
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