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Will moving abroad save me from the a CMS, I can no longer survive on to live on what is left over

 
(@james1977)
Active Member Registered

Hi all, 

 

Just Looking for some advice.

The CMS are absolutely destroying my business and myself. I can longer afford to survive, and can see no realistic future for me any more.

My ex does not allow contact with my daughters and does not comply with the family court order. 

I cannot afford to go back to court and can no longer afford to live. 

I have to return to Ireland just to get a break, before I have a breakdown. 

I might stay if in Ireland. 

Will stop the CMS will stop harassing myself, the business is now pretty much gone as are the girls.

I can't keep fighting and feel that staying away might be the best thing to do. 

Will I at least get a break from the CMS, will i get a break.

Any advice would be appreciated. 

Quote
Topic starter Posted : 09/10/2021 4:27 pm
(@edpacket)
Trusted Member Registered

@James1977 I think the Child Maintenance Service will close the case once you move to Ireland. However, your ex can take the CMS letter and get a court order. Then she can use a system called REMO (Reciprocal Enforcement of Maintenance Orders) to enforce the order in Ireland. I think the law is even harsher in Ireland as judges can put you in jail for child maintenance payment arrears. The amount is determined by a judge considering the expenses on the children (food, education, accommodation, medical, transport, clothing and any other expenses that may be deemed to be related to the child). I think the amount would probably be similar if not higher.

ReplyQuote
Posted : 09/10/2021 5:59 pm
(@james1977)
Active Member Registered

Hi Ed

 

Thanks for the advice. 

 

Your completely right, it would be a massive mistake to move back to Ireland. It seems the more complex the legal system the safer a person is. I do have a relative in Spain and one in Portugal. 

 

Any advice on those two 

 

Just need break, lost my daughters, house, business and the cms is still getting ready for court action. My choices are Bankruptcy or moving away. I just don't think i will make it through bankruptcy, I might be able to rebuild abroad, but I just need a beak from the legal system, I have been in it since 2018, and can't take no more. 

 

Would appreciate any advice. 

 

Thanks

 

ReplyQuote
Topic starter Posted : 10/10/2021 6:57 pm
(@champagne)
Reputable Member

Dear James - you can represent yourself in court and do not need to pay a lawyer.  With regard to the CMS, others know more about the system than I do butI believe you need to show proof of earnings and, if the business is not doing well then you pay less.  Alternative , if the business is going to close, may be to find a job so the earnings cannot be disputed.  If your ex is not complying with the court order, then you can go back to court.  The form is likely to be CB5 and details are on the .gov.uk website.  They may use reasonable excuse for non compliance so perhaps you could try again and keep a note of the response to accompany the form.  You also need to tell CAFCASS.  Its all explained on the website.  I wonder whether it would be worth having a word with CAFCASS in the first place as they might explain the consequences to your ex and encourage her to keep to the order.

ReplyQuote
Posted : 10/10/2021 7:12 pm
(@edpacket)
Trusted Member Registered

@james1977 All EU countries are members of REMO. The process will be the same but the calculations will be based on the laws of those countries, not the CMS formula. Additionally, I think the process is much slower due to translation requirements, Brexit and the problems with the courts of those countries. I have read a minimum of a year or more but arrears will be accumulating. You will have the chance to attend a hearing and defend your position. The following calculator gives you an idea of the payments in Spain. You would be expected to pay something similar according to your income and your ex income.

https://www6.poderjudicial.es/PensionAlimenticiaWeb/frmGeneral.aspx

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Posted : 10/10/2021 8:26 pm
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