by starryeyes  14/11/2012  220 Page Views
4 Comments  Family & de facto law, financial agreements, consent orders
Hi, I will try to be as consise as possible.

My husband lost a leave to remove case this year totally devastating him. His two children have now emigrated to Australia with his ex wife, her husband and their half sister. Anyway he has been continueing to pay child maintenance through the UK CSA as per usual since they left in June. But who ultimately has jurisdiction over how much he should pay, the UK or Australia? When we looked at the Australia estimator he would be paying over a hundred pound more, mainly because for obvious reasons (his ex wife has taken his children to live on the other side of the world from him), his percentage of care would only now be 12 days a year when they come over at New Year. This is obviously a situation he is deeply unhappy with (and he has been diagnosed with depression since they left), so it would seem unfair that not only would he lose his children, he would have to pay a huge amount more on top. We are up to our eyes in debt from legal fees after this court case.
His eldest child is 17 and is just about to leave school. In the UK child maintanance would stop there, but in Australia I believe it continues until the child is 18. So should he just carry on paying until his son is 18 or stop paying as per UK rules. Any help at all would be much appreciated.