REMO-Reciprocal Enforcement of Maintenance Order

PlayingHardball

4m1n4 wrote: »

My personal experience was that my local court sat on my file for over 3 months, refused to answer the phone and even today they take weeks to send any responses through to me even though REMO sent them through to them weeks earlier. Via the internet I got all the numbers of the local court in the US handling my case and speak to them regularly for updates rather than using the UK guys.

As soon as you start the process, the clock starts ticking....it may take a while but it is definitely worth a shot

Wow, its not Oxfordshire is it? My application didn't arrive at the REMO office in London for 4.5 months! Who was to blame? Well, the local magistrate court blamed royal mail!

mico62

Wow not been on here since last weekend and would like to say a big thank you to 4m1n4, off to google UIFSA - up til now I've only been looking on the Texan AG's site waiting to see ex's mugshot added to the evaders page

lovetohorde

Sorry to hijack the thread... can I just ask what happens if the pwc (mother) moves abroad? in terms of csa obligations etc

knithappens

Well I spoke to someone on friday , the same lady i did a year or so back when i first looked into things, and she is sendign the forms out. I also spoke to ex, and he gave me his address, I told him he could give it to me or they would trace him through his SSN, he does not know that I know he has moved state to mississippi and he gave me a Mississippi address, I could hear the shame in his voice because he had moved without letting me know, so hopefully it is the correct address, the zip code fits the area I know he is now living, so i think it is, we will see. So the ball is rolling at last

4m1n4

Knithappens

Up to you now whether you want to do the process in the UK courts via ancillary relief (see my earlier posts) or leave it to Mississippi to create an order......personally I prefer the UK courts. The main difference I found was that the UK system is only really concerned about the costs of the child and the NRP's ability to pay whereas in the US most states look at both parents' income. (I would check out MIssissippi's child support website to get an idea of how they work out an amount) This would mean that you would be the one having to deal with a court remotely rather than him.

4m1n4

Dear lovetohorde

Theoretically you should still be paid if CSA are collecting for you. Do remember that the NRP has Parental Responsibility and you can't move abroad with his child/children without his consent. If he won't consent you would have to apply for "Leave to Remove" and have a pretty good case on why it is in the child's interest.

AnxiousMum

lovetohorde wrote: »

Sorry to hijack the thread... can I just ask what happens if the pwc (mother) moves abroad? in terms of csa obligations etc

A recipient abroad can also use REMO (if you are in a REMO country) to have an order enforced here in the UK, or, if the NRP doesn't live in the UK, then they too would have to reside in a REMO country.

As for moving abroad with the kids - you will need to show a good reason for the move if the NRP doesn't agree. We had to move to England for OH's work which of course, was an okay reason. Although ex didn't initially want them to come (even though we already lived on the other side of the country and teh only difference would be what airports the kids used for access) but in order to stop the boys coming, he'd have had to fight for custody of them, which he has never wanted the responsibility of.

If anybody using REMO uses the court here to get the order or the variation done, then you have the added advantage of being able to represent yourself here in court, and the ex has to deal from abroad with sending paperwork etc.

mico62

4m1n4 - I've looked at the 7 defences and since I started proceedings he's made 3 consecutive payments before stopping again, the last was for $150 more than what's stated in the consent order - would that extra amount mean he meets the defence criteria of 'full or partial payment has been made'?

On a positive note his mum sent him a birthday card to his workplace, he hasn't given her his new address, and he's emailed her telling her never to send anything there again - so he's still with the same employer. I've now got to visit a distraught 76yr old cos she couldn't tell me what else was in the email without crying.

4m1n4

What I think that defense means is that they won't just register your consent order and arrears calculation verbatim. He will have to show that he has made some payment and they will re calculate the actual arrears to take that into consideration. I would imagine when he gets sent notice of registration, he will send a reply asking for a hearing because he has made some payment and so he would be contesting the your arrears number. At the hearing (they will dial you in) an amount will be agreed and I would also ask for a Wage Withholding order. He has shown that he can't be trusted to pay consistently so you might as well try and get it straight from his employer.

I have my hearing in 10 days....so I'll let you know how it goes. (My ex has gone for all 7 defenses - which logically is impossible(eg can't dispute jurisdiction and claim to have an appeal pending in that said jurisdiction) - but he is a desperate man!

I would also try and find the "UIFSA incoming" clerk in his local court. They will keep you up to date on where you are in the proceedings - all you need is his SSN to track the case down.

Kimi31

So i have had an email from Liverpool this morning stating that a letter dated 19th Jan ( !!!!!!) has arrived today stating
‘ Please provide proof of positive locate information for Mr Rene Hernandez in Jacksonville Florida. The address you provided is not valid.
Thank you for your prompt reply.
M Dunbar.’

I provided one in the forms and then an updated on via liverpool that i dont think Florida have got. This letter has crossed in the post with a Letter liverpool sent on 23rd February stating my concern the address on the forms they sent to me is wrong

Before i jump the gun, am i allowed to phone Florida as it we are relying on snail mail this thing is never going to happen and NPR is looking for jobs out of state now.

Kim