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REMO Child Maintenance

Hi
This is my first time posting but I have a problem. My husband moved to the USA from the UK seven years ago, he now wants a divorce. He also recently became a US citizen but two months after doing so he stopped paying child maintenance. His maintenance payments was arranged and agreed informally between us or in my case I accepted and was happy with what I was receiving. For his application for American citizenship he has to prove to be of a good moral character. I had to notarize a letter to say he was making maintenance payments which showed he was meeting his financial obligations in the UK. This commitment to show good moral character is ongoing I believe and of course now he has US citizenship he has stopped and as my arrangement was informal I have no court papers. How can I go about getting him to pay again can I threaten to inform immigration or will that not really do anything but aggravate the already difficult situation?

Comments

  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    "I think newcomers to this forum need to bear in mind that this is a public site on which anyone can post. You can't assume information is trustworthy, indeed some posters are known to disrupt, post disinformation, and tell tall stories.

    I would caution newcomers to be wary of any advice supplied that doesn't contain a link to an authoritative site. Such sites include adviceguide, entitled to, turn2us, revenuebenefits.
    Accredited benefit advice is available from local advice agencies such as Citizens Advice.

    Please don't take horror stories about benefit assessments, appeals etc at face value. There are posters on here who whose aim seems to be to alarm, frighten, and generally dissuade OP's from pursuing sensible actions to claim / regain the right benefits.

    Harmful and misleading posters are easily identified by the reaction to their posts."
  • bspm1
    bspm1 Posts: 332 Forumite
    edited 10 April 2018 at 4:31PM
    Hi
    This is my first time posting but I have a problem. My husband moved to the USA from the UK seven years ago, he now wants a divorce. He also recently became a US citizen but two months after doing so he stopped paying child maintenance. His maintenance payments was arranged and agreed informally between us or in my case I accepted and was happy with what I was receiving. For his application for American citizenship he has to prove to be of a good moral character. I had to notarize a letter to say he was making maintenance payments which showed he was meeting his financial obligations in the UK. This commitment to show good moral character is ongoing I believe and of course now he has US citizenship he has stopped and as my arrangement was informal I have no court papers. How can I go about getting him to pay again can I threaten to inform immigration or will that not really do anything but aggravate the already difficult situation?

    I haven't been a Debt Manager at the CSA for a few years now and rules change so often, but here is what I remember if you want to google....

    The UK has a REMO with the US but it differs from State to State so that needs to be checked first.

    The UK can not enforce any arrangement you have made yourselves. I believe you need to open a new case with the CSA, have them work out maintenance due, (no arrears will be due from your original agreement until the date they become involved.

    I am aware (due to family connections) that Non Resident Parents who owe maintenance are not allowed to travel out of the country, (not sure if this will be a problem to your ex or not) I am not sure how they are stopped, whether it is through their passport or some other ingenious way all I know is my daughter in laws step father (American) was not allowed to fly here to the UK until he had cleared his child maintenance payments.

    But first and foremost I think you need to make a legitimate claim for child maintenance.

    Good luck.

    https://www.gov.uk/child-maintenance

    edit....it is apparently called CMS now, Child Maintenance Services for new claims.
  • Thank you for all the responses. I am about to apply to court for a maintenance order and then go to REMO to try to get it enforced in South Carolina. I have been advised that there is nothing I can do about the immigration/citizen rules but there is nothing to stop me writing to inform them of the situation.
  • Hi all
    Long story but any help advice would be greatly appreciated.
    Ex and I divorced in France and child maintenance order was in France also for £500 a month for the two children. He then decided to open a case in the UK with the CMS and declared income of less than £7 a week therefore paying nothing for the past two years. (The tax office can't get anything on him as everything is now in his girlfriends name).
    He has a house in the UK and still in France but lives on his yacht in Italy. Can I use a Remo 7 form to see if I can get the French courts to try and get him to pay.
    He has told the CMS that he lives in his house in the UK (even though he rents it out) they sais that as long as he has a toothbrush there he can say he lives there.
    Basically do the French courts still have jurisdiction. Help........
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