REMO-Reciprocal Enforcement of Maintenance Order
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scared1969 wrote: »my ex paid for a year. child support and maintance, then about a year ago announced he was made redundant and could no longer afford to pay. He was a very well paid exec, remarried and has a green card and bought a huge house in the USA. He is now saying he cannot afford to pay for flights for the kids ?? Ive started the remo process as, if he has lost his job (the company did pull out of the USA i know that is true) and he really is not working, how would that work with the remo. I told him to apply though the uk courts for variation as then it is all legal and above board and he won't do it, which makes mw think he must be working or self employed or something. Will he still be made to pay the arrears????
The court will look at his income (he has to provide proof) and they will make an award based on that. If there's already an order in place, he needs to go to the court where he is, not the UK court, and ask for a variation. If he doesn't go through the correct channels, the court order is still in place and he has to carry on paying the amount on the order until he goes through the correct channels. He's still liable for the arrears too. You need to apply in the UK for the order to be enforced in America if you haven't done this already and they try to collect the arrears for you too, but it does take a while (and it depends on how helpful the court in the US is). I'm not sure about maintenance, I'm assuming this is spousal maintenance??
My ex has claimed redundancy too and he isn't paying anything (he has some pics of some lovely holidays on his Facebook page though). I've been back to the court to ask for the order to be enforced, and I've been told that the original order is still valid as he hasn't asked his court for a variation (he refuses to speak to me or I'd let him know about this) so the arrears are just mounting! :rotfl: There's a specific form for arrears, but I'm still waiting for the court to send it to me. I can't think why they are being so slow
I hope this helps.0 -
Hello,
I've read all posts and am currently in the REMO process.
I am a US Citizen who married a Scottish man, now my ex, and I live in the US with my 7yr old.
We lived in Scotland then when my ex lost his job we moves to the USA where I went to work. He lasted 8 months before abandoning us and moving back to Scotland. We were married and divorced in the USA but my child was born in Scotland.
I have received only one child support payment since he left.
I have a court order and it has been hell getting the county agency to get it sent to Scotland. It took 3 yes starting with one year that concluded with a statement that the USA does not have an agreement with Scotland. I asked if they knew that Scotland was part of the UK and they said, Oh...took another two years to get going.
Then I got fed up and asked for a meeting with a supervisor and suddenly the paperwork got sent to Scotland. It has been with Scotland for 7 months and I do know the paperwork has been sent to his local Sheriff's and a solicitor is being found.
I didnt know a solicitor was needed but that's what I was told.
So, I wait.
I would love to know if anyone has gotten ton the is point and what happens next.
He moved back to Scotland 5 yrs ago and has never come to visit his child. He owes $15,000 in arrears and I have no idea if he is currently employed.
I just want to make sure registration takes place because he owns a house free and clear and I'm hoping that that property would cover my kid's arrears.
It has been so hard and I'm so in debt with paying chold care over these last few years. It has been a big struggle.0 -
Hello,
I've read all posts and am currently in the REMO process.
I am a US Citizen who married a Scottish man, now my ex, and I live in the US with my 7yr old.
We lived in Scotland then when my ex lost his job we moves to the USA where I went to work. He lasted 8 months before abandoning us and moving back to Scotland. We were married and divorced in the USA but my child was born in Scotland.
I have received only one child support payment since he left.
I have a court order and it has been hell getting the county agency to get it sent to Scotland. It took 3 yes starting with one year that concluded with a statement that the USA does not have an agreement with Scotland. I asked if they knew that Scotland was part of the UK and they said, Oh...took another two years to get going.
Then I got fed up and asked for a meeting with a supervisor and suddenly the paperwork got sent to Scotland. It has been with Scotland for 7 months and I do know the paperwork has been sent to his local Sheriff's and a solicitor is being found.
I didnt know a solicitor was needed but that's what I was told.
So, I wait.
I would love to know if anyone has gotten ton the is point and what happens next.
He moved back to Scotland 5 yrs ago and has never come to visit his child. He owes $15,000 in arrears and I have no idea if he is currently employed.
I just want to make sure registration takes place because he owns a house free and clear and I'm hoping that that property would cover my kid's arrears.
It has been so hard and I'm so in debt with paying chold care over these last few years. It has been a big struggle.
I'm where you are now, 3 years on and I'm still waiting too (making a complaint did seem to speed things up though) and I know it's frustrating. It helps to see any maintenance as a bonus, but to look at your household budget so that you don't rely on something that may never turn up, or in my case it may turn up once my son's left school so after years of struggling to pay my bills and feed my child, I no longer need it.
An enforcement has to be sent to the main court (in your case I'm not sure if it's the Scottish High Court or the High Court in London), who then send it on to your ex partner's local court. They will then start the enforcement. It's hard to say if they will force him to sell his house, but I don't think it's likely as he'll need somewhere to live. He will have to get in touch with his court to let them know his finances and they will make an order from here. You don't need a solicitor, but a legal advisor does check the documents so maybe that's what they mean. Unfortunately no one sought fit to put a time scale on any of this, so we're at the mercy of the courts.
I hope this helps, and I'm sorry that you're going through this too
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Hi ,
Does anybody know if I have to register CSA decision with REMO or can directly contact court in the other country to register it ? Child Maintenance Options site provide this :
If the paying parent lives in the European Union
Since 18 June 2011, countries in the European Union (EU) must enforce:
court orders for child maintenance
decisions made by a UK statutory child maintenance service (the Child Support Agency or the Child Maintenance Service)
Thanks for any advice.0 -
Hi ,
Does anybody know if I have to register CSA decision with REMO or can directly contact court in the other country to register it ? Child Maintenance Options site provide this :
If the paying parent lives in the European Union
Since 18 June 2011, countries in the European Union (EU) must enforce:
court orders for child maintenance
decisions made by a UK statutory child maintenance service (the Child Support Agency or the Child Maintenance Service)
Thanks for any advice.
You can't register a CSA decision with REMO or any non-UK court, a CSA decision is only valid if the non-resident parent lives in the UK. You have to go for a REMO if they are in another REMO country, and you can ask the court here to award the same amount as the CSA would award. If you call the CSA and tell them the NRP is now living in another country, even an EU country, they will not enforce it and they will close your case (I'm speaking from experience here). It may be different if the NRP has ties to the UK (so if they own a home here or if they work for a company based in the UK), so some more information may help??
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Hi all,
I would really appreciate it if someone could help. I've been scanning through this thread on remo and getting a bit confused.
I am a mother to a 10 month old, she was born here in the UK, I am a British citizen but her father lives abroad and is foreign (Jamaican). I have checked the list of remo countries and it is there.
He is in some form of contact with me so I can get an address for him, however he doesn't provide any regular child support despite earning a lot. He has given me a bit here and there but nothing substantial and talks with him have failed. Hence I'd like to get something more formal set up.
What is my starting point? Looks like I need to get an order set up- how do I do this and what documents are required? He's not on the birth certificate and we have not been married. Thank you in advance0 -
Mine was done a few years ago and I had to pop to my local county court and they gave me the forms, I filled them in, took them to my court, they got in touch with my ex and he provided all of the bank statements and whatnot through a solicitor. I had a hearing, and the order was made there and then. Getting the maintenance order enforced, however, is a different kettle of fish and I'm still waiting for this to be done so it's a very slow thing. I'm not sure if the new orders are done the same way now as they moved all of the REMO applications to Bury St Edmunds last year, but you could try calling them to ask them to send the forms to you, their number is 0300 123 3034; https://courttribunalfinder.service.gov.uk/courts/Maintenance-Enforcement-Centre-England Their phone line's misleading (it says they are busy, and gives you their opening hours and it insinuates that you need to hang up) and if you hang on, someone usually answers. It's open 10am-4pm, Monday to Friday I think. You can email them too, but it takes them 28 daysish to send you a letter.
I hope this helps. It's best not to rely upon any maintenance to be honest with you as it can take a really long time to sort, and sometimes it's not sorted at all Just see it as a bonus if it is all sorted and you start to receive payments for your little one. 0 -
Hi , does anyone manage to receive from CMS filled annex IV as per EU regulation 4/2009 ?0
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As far as I'm aware, you can't use CMS for a REMO, you have to apply for this through the courts. The only time you may be able to use CMS is if your ex partner works for a UK based company, or if there's significant ties to the UK (like as in your ex comes back frequently and owns a house here).0
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Hi I'm new to this but was recently told by the reforming csa that my ex who has never paid me a penny currently owes me £26000 and that I should start the process by contacting Remo . I know my ex lives and works in the Isle of Man and earns a very good wage and our two kids are now grown up one of them working , at first I thought , no Iv struggled all these years without the money why bother , but then £26000 !!!! So I have looked up this site , is it worth all the hassle ?if I start this will it go on for years with no return apart from anguish on my behalf ? WHAT DO I DO ?0
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