REMO-Reciprocal Enforcement of Maintenance Order
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(I posted this on a separate thread, but have discovered that all the knowledge seems to be here in this one!)
My ex husband lives in Alberta, Canada, and has done since we split eight years ago. Because he has been extremely difficult, it has taken me until now to initiate both a clean break order with regards to his pension and also to discover how much he earns. It turns out that he is making around £150,000 a year and the amount he is paying isn't even the CMS recommended amount. I have discovered that I have to apply for a REMO and that they will then apply for maintenance, but I am confused about the calculations used. Are they based on the UK amounts, or on the maintenance amounts that would apply in Alberta, where he lives? (There is a huge difference in the amount he would have to pay.)
As I’m in the process of a court case for a financial remedy, should I apply for a court order for financial provision at the same time? Would that speed up the REMO application?
Thank you in advance!1 -
seabreezes wrote: »(I posted this on a separate thread, but have discovered that all the knowledge seems to be here in this one!)
My ex husband lives in Alberta, Canada, and has done since we split eight years ago. Because he has been extremely difficult, it has taken me until now to initiate both a clean break order with regards to his pension and also to discover how much he earns. It turns out that he is making around £150,000 a year and the amount he is paying isn't even the CMS recommended amount. I have discovered that I have to apply for a REMO and that they will then apply for maintenance, but I am confused about the calculations used. Are they based on the UK amounts, or on the maintenance amounts that would apply in Alberta, where he lives? (There is a huge difference in the amount he would have to pay.)
As I’m in the process of a court case for a financial remedy, should I apply for a court order for financial provision at the same time? Would that speed up the REMO application?
Thank you in advance!
Hi!
Welcome.
Once you get to the court here they will ask you for an amount that that you think is appropriate. They don't have to agree, they will look at your ex's income and expenses, and make a judgement. They also don't have to stick with the CSA/CM calculation, so you can ask for them to use the Canadian CM calculation. If you're already in court proceedings for a financial remedy the court should look at child maintenance at the same time, so you won't need to go back to the court for a maintenance order as you'll already have one as part of your financial remedy. It won't necessarily speed up the enforcement part of the application, it's the sharing of information between the Maintenance Enforcement Team here, and the court in Canada which will take time.
I hope this helps, and best of luck! 0 -
Ahh, thank you - that is so helpful! I've been in touch with the REMO dept today and while it might take some time, I feel confident that it will all work out for my children in the end. 0
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Mine took 6 years from start to finish, it's very, very slow. I didn't enforce it quick enough as he started paying, I hoped he could be trusted to continue, and then he stopped. Enforcing it took a couple of years. The authorities where he is are a bit slow, they kept asking the court here for payment updates but it takes the court here a month at least to open a letter, then another month to read it, then they'd write to me, ask me for an arrears certificate, I'd reply on the same day but it would take them a month to read it, by the time they'd sent it on I needed to do another one.
If I were you I'd keep a spread sheet of the payments and any arrears and add to it monthly (include the exchange rate and calculate it in £ and Canadian $ too). Then if they want a certificate you can send them the spread sheet and it's already done so you're not awake until 4am trying to fill it in.
It will work out, just see it as a hobby though and try to plan your budget without it. By the time my ex cleared the arrears our kiddo had left school, I was working full time and we didn't really need it. I've shared it with my kiddo as they have missed out on so much, and I've used the rest to pay for law school. 0 -
Hello!
What an awful process this has been! Here is my story:
I am a US citizen and ex is Scottish
Married in US but lived in Scotland for a few years
Moved to US for work
He loved here for 6 months before he decided to leave us
Our child is now 9
I have a court order for $320 a month support
US caseworkers took forever to get it registered in Scotland
It has been registered in Scotland for 2 years
My ex has only made one single payment and owes arrears of $30,000
Just today I got an email from the Scottish casework day that my ex has offered to pay $20 a week and that I should accept it. The email also said that my ex told them that the arrears are in a bank account and can be collected but I have no idea what or where this fictional account is.
This has been an agonizing experience. After he left I had to go on welfare and in debt over the last few year of $25,000 just to pay child care etc.
I can’t understand why the Scottish REMO office can’t use their enforcement remedies to claim his assets? He owns a home and sold one recently and I am sure has cash in the bank.
Please tell me that someone out there has had success through this process!!
Does anyone have contacts to share to help me through this?
Thanks!!0 -
Hello!
What an awful process this has been! Here is my story:
I am a US citizen and ex is Scottish
Married in US but lived in Scotland for a few years
Moved to US for work
He loved here for 6 months before he decided to leave us
Our child is now 9
I have a court order for $320 a month support
US caseworkers took forever to get it registered in Scotland
It has been registered in Scotland for 2 years
My ex has only made one single payment and owes arrears of $30,000
Just today I got an email from the Scottish casework day that my ex has offered to pay $20 a week and that I should accept it. The email also said that my ex told them that the arrears are in a bank account and can be collected but I have no idea what or where this fictional account is.
This has been an agonizing experience. After he left I had to go on welfare and in debt over the last few year of $25,000 just to pay child care etc.
I can’t understand why the Scottish REMO office can’t use their enforcement remedies to claim his assets? He owns a home and sold one recently and I am sure has cash in the bank.
Please tell me that someone out there has had success through this process!!
Does anyone have contacts to share to help me through this?
Thanks!!
Hi. I'm really sorry that you're going through this. Scottish law is different to English law (I know, it's nuts, it's just how things work here), so I think you're probably better off getting in touch with a family law firm in Scotland, they will be able to give you the correct advice.
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As there isn't a huge amount of information on the REMO system and timescales out there, I thought I'd share my progress - so I sent in the information to them on the 9th of April, and today (1st June) I've had the paperwork for an Application for a Provisional Order Section 3 come through. Once I've sent that back, apparently there will be a court date set at a court near me for them to (hopefully) put a provisional order in place. Not sure how long it'll take from this point, but it looks like something is happening, at least!0
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Sea breezes:
£150,000 pa do you mean CAD? How do you know how much he earns/income?
Canada is very efficient, took mine 9mths to the day.
The UK court does not ask for a specific amount, just application for Child Maintenance.
Then Canada work on the Federal Guide Lines/Rates which you can easily look up.
When you are finally awarded from the DATE it is approved, by the Canadian Court, they start collecting/paying from that date only.
Then you have to prove that you have not received any CM for the time you were waiting for approval.
The Brexit carryon has made the £ drop so your CM is worth much more.0 -
Fascinating to read this thread today.
My daughter is now 6 years old and her father lives in Australia, where he is sponsored through his job and applying for citizenship. He's not named on her birth certificate and there's been no contact since she was 6 weeks old. And not one penny in child maintenance ever paid.
Would love to hear from anyone who has dealt with a father in Australia and knows their system
Am I best going to the Magistrates court or County court to get the ball rolling?
I'm based in West Yorkshire
Thank you0 -
Nice to see this post. I'm going to start the process with father in Australia tomorrow0
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