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When NRP lives overseas!

Hi all.

Been trawling various www sites to find out more info on REMO. Hoping someone can help me.

CSA can't touch my ex as he works overseas and the company that he works for is based in Jersey. Was advised to contact REMO which I did and REMO told me to contact my Magistrates Court and apply for court order for maintenance. After being put through to several people eventually got through to someone who was supposed to be the specialist in that area. However, this guy said that because child maintenance was not put into my Consent Order I could not use the court system and I should seek legal advice. I spoke to my original solicitors who told me that solicitors don't deal with child support and to contact CSA!! Explained situation again and then they said that child maintenance is not put into consent orders anyway! I think no-one seems to know what they are talking about! What do I ask for? Getting really frustrated with this system and I haven't even started the process yet. Hoping for clarification.
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Comments

  • Sibley
    Sibley Posts: 1,557 Forumite
    Ninth Anniversary Combo Breaker
    He lives abroad. You won't get a penny. Deal with it.
    We love Sarah O Grady
  • kevin137
    kevin137 Posts: 1,509 Forumite
    Sibley wrote: »
    He lives abroad. You won't get a penny. Deal with it.

    Such a helpful constructive attitude...!

    The OP is entitled, and there are legal avenues to deal with such things, and i hope it gets sorted.

    Attitudes like this make me wonder if people like you should be allowed to have children, or are you the kind of person that would move to a foreign country to avoid payment i wonder...

    And so you know, if REMO does get there hands on you through the court system, you will end up with court orders against you and you could end up paying a hell of a lot more than you do through the CSA as it is worked out through the country you reside in and some countries take a lot more...

    They also have more power if you don't pay...!
  • kb92830
    kb92830 Posts: 120 Forumite
    edited 13 March 2012 at 11:49PM
    And so you know, if REMO does get there hands on you through the court system, you will end up with court orders against you and you could end up paying a hell of a lot more than you do through the CSA as it is worked out through the country you reside in and some countries take a lot more...

    This statement is not totally correct, REMO does generally what it says on the tin Reciprocal enforcement, even in the UK a default hearing can not increase an order (they can only increase payments based upon arrears), this requires a variation hearing which the applicant would be requested to apply for. An order through foreign jurisdiction can only be created if no existing order exists in the PWC's country of residence, even then many jurisdictions would always refer the applicant back to their own country of residence for the application unless of course the PWC had some previous ties to the jurisdiction there were applying to. Having said all this I would much prefer to be chased by the UK system than the system here in Switzerland.

    Going back to the original OP's point, you need to apply for a consent order for child maintenance through your local magistrates court. The CSA have no overseas jurisdiction. Once you have the consent order for maintenance you can then apply to have it enforced through the reciprocal agreements. The potential issue you will face will be getting an address for your ex that the UK courts can write to, if this is not possible there will be a delay before they allow the hearing to take place (even in the UK with simple cases it generally takes way to long). Once this has taken place you will also then come up against the same issue when trying to apply the REMO as the new jurisdiction will also need to trace him or her. Unfortunately I think you may be in for a long battle to achieve what you are looking for, however, never give up, there are other stories on the forum, one particuarly long one specifically about the REMO process.
  • nco41
    nco41 Posts: 82 Forumite

    People like Sibley should be ignored. They offer no constructive advice.Their ill informed bias comments only deter people from perusing what theirchildren are entitled to. Maybe they have had a bad experience?
    I like many others on here have successfully been through the REMO processand yes it was a long one. To date it has taken 18 months to get my order fullyregistered and enforced in America but the journey has been worth it. I can nowafford to put money away for my children's future and buy the things that theyneeded but I could not afford before.
    Kb92830 is correct in saying that orders issued in England cannot be variedor discharged in another country unless both parties agree.
    Stick with the REMO application. The process is very slow and at time's veryfrustrating. Letters take up to 3 months to be forwarded and answered and youare not allowed to telephone or email them for information! But eventually youwill get the money that your children deserve.
    There is a lot of support on here, REMO solidarity. Whenever you have aquery or question ask on here and I'm sure you will get lots of positive adviceand help apart from Sibley

    Good Luck

    Nco
  • watermelon45
    watermelon45 Posts: 4 Newbie
    edited 22 March 2012 at 8:48AM
    I am dealing with it Sibley - through helpful advice!11
  • nco41
    nco41 Posts: 82 Forumite
    "I am dealing with it Sibley - through helpful advice!11"

    Glad to see you are dealing with things and taking the helpful advise.
    Here's to proving Sibley wrong!!!:T:T
  • pd001
    pd001 Posts: 871 Forumite
    Part of the Furniture Combo Breaker
    nco41 wrote: »
    "I am dealing with it Sibley - through helpful advice!11"

    Glad to see you are dealing with things and taking the helpful advise.
    Here's to proving Sibley wrong!!!:T:T

    Just like everyone else on these forums, Sibley is entitled to express an opinion.
    That opinion will be a valid one for some on here, and totally worthless for others. It's just one of those things
  • mama7
    mama7 Posts: 129 Forumite
    I am having the same problem. Not had a penny for my 7 children since my ex disappeared to Nz in March last year, csa can't do anything (taken them 12 months to decide this !) and suggested Remo. I called them and was told to ask for the consent order went to my local court and they basically hadn't got a clue and told me to get legal advice so no idea what to do now. I can't afford everything my children need on my own but no one seems interested in helping :(
    Next- £486.25 Barclaycard £600 :eek:
    October make £10 a day - £183.90/155 :j
  • galangm8
    galangm8 Posts: 149 Forumite
    nco41 wrote: »

    People like Sibley should be ignored. They offer no constructive advice.Their ill informed bias comments only deter people from perusing what theirchildren are entitled to. Maybe they have had a bad experience?
    I like many others on here have successfully been through the REMO processand yes it was a long one. To date it has taken 18 months to get my order fullyregistered and enforced in America but the journey has been worth it. I can nowafford to put money away for my children's future and buy the things that theyneeded but I could not afford before.
    Kb92830 is correct in saying that orders issued in England cannot be variedor discharged in another country unless both parties agree.
    Stick with the REMO application. The process is very slow and at time's veryfrustrating. Letters take up to 3 months to be forwarded and answered and youare not allowed to telephone or email them for information! But eventually youwill get the money that your children deserve.
    There is a lot of support on here, REMO solidarity. Whenever you have aquery or question ask on here and I'm sure you will get lots of positive adviceand help apart from Sibley

    Good Luck

    Nco

    Hi
    I was just reading through your post and am pleased you managed to get d deserved maintenance order for your children.

    Can I ask, did the courts backdate the assessment for the 18 months you had to wait for it to be processed or did they backdate to the date he actually left the UK or just from when they received your claim?

    Many thanks
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