REMO-Reciprocal Enforcement of Maintenance Order

mico62

Just got a letter from REMO saying they've forwarded my claim to America but to communicate with them through my local court - shoud I do as they say - I was planning to write to them and cc Liverpool

AnxiousMum

The reason they ask you to communicate through them is that they are overseeing your case, and if you like, acting as your Solicitor with the courts in America. Yep - do as they say

PlayingHardball

I'm dealing with the Oxford Magistrate Courts. If you remember, my REMO application wasn't even received by London REMO until 4.5 months AFTER my paperwork was sworn in my local magistrate court. The reason? ....it was blamed on royal mail.

So, I dont think I'm dealing with people as capable as your Maidstone lot! I will do as you say, thanks for the advice AM.

Sunny day, good opportunity for a nice long walk!

mitnotlob

Hi Just stumbled on this. I'm in a similar position- applied through my local court almost two years ago...still waiting. He has the same address (mortgage -free big house with a load of land), works for the local government... why can't they just get a move on and embargo his wages? The court here says it's the court in Madrid, I rang them, they won't speak to me...no-one does anything.Meanwhile, he has given me just under 1,000 euros in almost five years while I have paid 30,000 in childcare alone. Not to mention having to financially cripple myself to buy a house and a loan to do the repairs (I got nothing when we split up) while he lives a great life, lovely holidays. I never stop him seeing our child- I let him stay with us when he visits and I take my son to visit him, paying the flights and staying in a hotel. I could threaten to withdraw his access and make it hard for him, but my son loves him and loves seeing him and I wouldn't do it to him.I wish the courts would just provide some justice!!Sorry about the rant, but when i think of it...ggggrrr!!!!! Thanks for letting me offload some of it!</p>

4m1n4

Hi - I have been reading this forum for a while and usually check in to see how people are progressing. I am quite shy about my situation but I realised it was selfish of me not to share my experience with all of you. I am in process with REMO to get child support for my daughter where her father lives in the US. I started the process almost 3 years ago (my ex is a lawyer and this is all one big game for him) and I now feel like I have more family law experience than many family lawyers. I ended up having to go to court for both residence and contact issues and to also get a court order for child maintenance. I have gone all the way through to the High Court and so I know the process at each level. I now have a court order for child support in the UK and I have sent it to the US for it to be enforced. I have my registration hearing in two weeks time where the US court is going to dial me into the proceedings.

If anyone has any questions regarding how REMO works with respect to the US, I am more than happy to explain the process which is called (UIEFSA) and can direct you a variety of free resources that can help.

With respect to REMO, I think the system works best if you use it only after you have a court order from a UK court. If you try and use them to create an order in a foreign jurisdiction whilst in theory it should work, in practice it doesn't. If anyone has any questions on how to get an order where there has not been one previously, again I can explain how I did it and how I got them to backdate it.

I have spent 3+ years of my life and all my savings sorting out my mess and whilst I am very happy with the result and very happy with my solicitor, who was amazing. I appreciate that not everyone can be as fortunate as me and so I would like to share my knowledge

AnxiousMum

4m1n4 - what a great first post - and many here may be able to benefit from your knowledge - particularly with the US courts. Mine was with Canada, and was very straight forward, worked as it says on the box with no need for a lawyer. It was for a variation to an existing order which was done here, and then dealt with in court there and then enforced there. Took time, but was well worth it.
Thank you for joining and letting others know you are here and able to help

no_pennies

hello ladies i wonder if you can help i was disscussing this thread with a lady at work whos ex lives in new zealand and asked why she hasnt tried this route to get any money from her scummy ex
apparently he claims his home is in dubai (he owns a flat there as well as one in singapore somewhere and also has a huge house in nz where he does live with his new squeeze and their matching porsches !!)
my friend says he knows that in a muslim country he cant be got at -is this true
i would love too see her get some justice he was a pig who treated her appalingly
only good thing is she met someone lovely (even though they had to pay the pig his share of the house and he hasnt payed anything for his kids since )
anyone know if she can do anything bearing in mind she's no spare money for solicitors ect

AnxiousMum

Does he have an employer? Where is his employer based? That would be a good indication as to where would be able to recover monies from wages earnt. I'm suspecting as he has a flat in Dubai, that he keeps his money there too!

Trent1974

no_pennies wrote: »

apparently he claims his home is in dubai (he owns a flat there as well as one in singapore somewhere and also has a huge house in nz where he does live with his new squeeze and their matching porsches !!)
my friend says he knows that in a muslim country he cant be got at -is this true

Its unlikely he will own property in Dubai unless he is a UAE national.

Its a physical impossibility to get a UK Child Maintenance order in the UAE because it is contrary to Muslim (Sharia) law which rules a parent claiming money from the other parent for the childs keep must surrender custody to the parent first.

In any event there is no enforcement structure available in Dubai becauase its illegal to trade as a bailiff or a debt collector under Sharia (unless its a debt owed to the state).

4m1n4

Dear Playing Hardball

As I said in my first post, trying to get another jurisdiction to create a child support order is very difficult. I would suggest that you get one made here and then use Remo to enforce it.

If you know where he lives I suggest you go through the process of getting a court order here for child support. You basically have to apply for what is called "ancillary relief". This is normally used for determining the finances post divorce when you can't reach agreement but it is also used when the parent is outside the UK and as such cannot be assessed by CSA. Depending also on your situation, you may be able to get legal aid to help with the process. You may be able to ask for a lump sum to compensate you for the years before application and as soon as you make the application the clock starts ticking with respect to payments going forward.

I suggest you google "ancillary relief" as there are a number of websites that explain the process. The forms are also available online. This is the only way to create an order for a NRP who is not subject to CSA. You need to show all your outgoings and how much you have paid/pay for your child and your own income etc. If you are on your own, you can also ask for a "carer's allowance" too as well as child support.

You file the application at your local court and they will set a date for an initial hearing called a First Directions Hearing. You must also serve him with a copy of all the papers as soon as physically possible. You will have to find a process server in his country or just wait until he comes to the UK to visit your child. But you should pay to have a process server, serve him officially so that you can prove to the court that he got the papers. He can dial into the proceedings if he can't appear in person.

Frequently just being served with papers is enough to scare the NRP. He may try and negotiate a settlement and you should make sure that if you come to agreement, that whatever it is, is made into a consent order so that if he doesn't pay you, you will still have an order to enforce in another jurisdiction.

Also if he has any assets in the UK, you can go after those if he doesn't pay.

This route requires a fair amount of work yourself especially if you can't get legal aid, but it is definitely the most effective and whilst you will have to go to court, at least you are doing it here and in your own language.

If you have any further questions....