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    • PlayingHardball
    • By PlayingHardball 26th May 09, 6:40 PM
    • 751Posts
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    REMO-Reciprocal Enforcement of Maintenance Order
    • #1
    • 26th May 09, 6:40 PM
    REMO-Reciprocal Enforcement of Maintenance Order 26th May 09 at 6:40 PM
    Hi all, has anyone got an ex who has moved to another country and stopped supporting their child, as in my case? My ex had been payinig through CSA for 5 years, suddenly got a job in Germany and now CSA can't do anything as he no longer resides here. My question is, has anyone out there gone the route I'm going with a REMO via the courts and been successful? I haven't had a payment since last June and the effect on my daughter has been significant, to say the least. Oh...and him? Well, he is still enjoying short breaks in his house in the south of france, nice one eh? Unfortunately for the ex-I'm not a quitter and am treating this as my 'newest hobby'.
    It would be great to hear a success story! Cheers everyone!
    Last edited by PlayingHardball; 16-01-2010 at 2:30 PM.
Page 3
  • mico62
    Kimi, I didn't need an appt for Liverpool, I just went to the public counter to swear my affidavit then when I'd had everything copied I went back and they took all the evidence off me along with my 40 fee.

    Like you I'm not asking for the earth. when our consent order was drawn up he specified an amount per month which was half of what he'd been giving me previously but if that was all his kids were worth than that was his choice. The money he sent was spent on them and they never went without or missed out on anything. Part of me want to say stick your money but then I remember they're his kids and has a duty to support them.

    The only hiccup is the kids found out through facebook he's married his girlfriend since I sent him a copy of the consent order and an extract saying his greencard could be revoked for nonpayment in July. Her ex has got custody of her 2 kids (sounds like a match made in heaven) but I'm wondering what his motives are for marrying so quick, he wasn't seeing anyone last xmas
  • kimi31
    Micro :-)

    I haven't heard anything about a 40.00 fee...whats that all about???
    I have been directly in contact with a guy from Liverpool who has sent me forms, had me email them back to him, he has gone through them and neated them up and i assume printed them off his side so i can sign them in front of the magistrate???
    He said i will be in court for about 15-30mins.
    I email him once a week and will continue to do so while it going through

    I am like you, half the time i feel like saying stuff your money up your big butt but why should i???

    Like i mentioned i think he is paying back taxes through a garnishment, but then again he hasnt mentioned it for a while so i suspect he got a tax rebate( by claiming the girls as dependents) and they have applied that to his bill and possible cancelled it out. I cant see how he would be paying the regular bill back to IRS as his job is commission only and its not a regular income...
    Im hoping he gets paid via his employer and that they will be able to take a garnishment before he is paid.

    Sounds like we are both well rid doesnt it
  • mico62
    Kimi, between you and me I don't think they know what they're doing. I first phoned in July and was told to write in with a copy of my consent order. In Sept I got a letter on behalf of a judge saying I hadn't followed the correct procedure which is how I ended up going back to my divorce solicitor. Up til then I was speaking to someone called Steve but he only deals with the magistrates side and my order was made in the county court so not as straightforward.

    When I submitted the paperwork I asked if I had to complete any forms and they weren't aware of any, I only knew about the 40 fee cos my solicitor had told me about it, they didn't realise I had to pay.

    On a positive note the AGs office in Texas have emailed me saying they'll enforce the order as soon as they receive the paperwork.
    • PlayingHardball
    • By PlayingHardball 30th Oct 10, 11:30 PM
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    Kimi, Micro, Anxious....I can't help but notice that the NRP here causing all this grief and very willing to turn their backs on their kids, are Americans and Canadians..............makes me ashamed to be North American by birth!
  • kimi31
    Kimi, Micro, Anxious....I can't help but notice that the NRP here causing all this grief and very willing to turn their backs on their kids, are Americans and Canadians..............makes me ashamed to be North American by birth!
    Originally posted by PlayingHardball

    Hardball, Dont be ashamed....its nothing you've done

    Micro, i am too dealing with Steve. I wonder if mine is straight forward in the sense there is no order made in the UK? I have no idea what a consent order is. When we got divorced I went for a straight divorce on grounds of separation of 2 yrs plus and of course i filed here as i was getting legal aid at the time so it cost him NOTHING....

    I will be emailing Steve with regards to the 40.00 fee as i will need to budget over the next two weeks for that if that is required, as guess what im broke ....cos i dont get child support

    Do your consent order give a predefined amount of child support that your NRP is supposed to be paying? As i have to wait for the US court to make an order i envisage a lot of too-ing and fro-ing and im sure they will want all my financials but i will have to wait and see.

    Hey guys, this will make you laugh...the Irony of it all....I work for the CSA....

    Im hoping the NRP has either heard about REMO and thinks i dont know anything about it, or doesnt have a clue that it could be enforced internationally. Either way, i wonder if the person who serves him in the US could take a camera as im sure his face will be a picture...thats just me being bitter....
  • mico62
    Kimi, yours should be free, Steve only deals with the magistrates, its county court cases that incur the fee. My consent order covered the financial side of our divorce, and rather than pay 20% as per uk and texan law when he lives he specified an amount until our youngest finished her first degree. The amount was considerably less than he'd been paying but for a couple of years he paid more, probably so he could brag to his colleagues that he only had to pay $x but was giving me $y.

    When we were divorcing he ignored everything so I had to keep swearing affidavits when his mum mentioned something. He didn't turn up for our first financial hearing (not allowed to leave the states til he got his greencard) and the judge moved straight to a final hearing and slapped a penal order on the notification. A friend in Texas knew a process server and all 6ft 7 of him turned up at his door one day, surprisingly he instructed a solicitor the following day

    I'm wondering if he's applied for citizenship because he's told a friend UK law no longer applies to him, I so hope he's wrong and my consent order still applies.
    • PlayingHardball
    • By PlayingHardball 31st Oct 10, 12:51 PM
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    Hiya, no I'm not really ashamed....but the NRP should definately feel shame. Why bring a child or children into the world and feel it okay to walk away?!

    My Remo is going very slow due to several things, one of them being all documents need to be officially translated. Another is that the ex is telling them he IS supporting his child here in the UK!

    The good thing is, I have finally received my tribunal hearing date in the UK. If I am successful, the CSA will once again be involved, so my ex will have it firing at him from 2 angles, REMO and UK CSA.

    The ex obviously want to avoid a REMO enforcement on him where he is temporarily working, so he's prepared to tell them anything and I then have to refute it! This goes back and forth, back and forth in 2 languages, very annoyingly. However, the good thing is that he has provided me with invaluable evidence to discredit him during the tribunal he will have to attend here in the UK.

    Not that I'll enjoy doing that......much!
    • Lainep
    • By Lainep 31st Oct 10, 8:16 PM
    • 186 Posts
    • 1,563 Thanks
    My own REMO application has stalled because I am unable to provide a current address for my ex and the Irish authorities say there is no arrangement between our countries for them to trace him!
    I am aware that the CSA have an up to date address for him, can my magistrates court request that the CSA provide them with that information, or does the Data Protection Act prevent it?

    Any advise gratefully received.

    • AnxiousMum
    • By AnxiousMum 31st Oct 10, 9:15 PM
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    Oh PHB - just think of all the people of other than North American nationality who aren't as lucky as North American PWC's to have a system that actually works - there are non payers/supporters the world over......just that North America takes it alot more seriously and doesn't allow them to get away with it. Mind you - I think they are better at making proper financial calculations than some of the CSA horror stories I hear - maybe North Americans are better mathmeticians!

    I have learnt this weekend, that the lump sum of retroactive child support actually appears to have come from the very child's trust fund which I started for him as a child for university, and has been substantially addd to by a great aunt from her will. One account matured on October 23rd, and they are in lots of $4,000 - statement was dated October 13th - the ex's payment was sent to Family maintenance enforcement on the 23rd in the sum guessed it.......$4,000. Not quite sure how to handle this one - the account is in my son's and his father's name (was the ex's Aunt who left the bulk of the money). Stealing from the child's account to pay child support arrears.....nice guy! He doesn't receive any of his trust account until the 2nd year of university - but 21 yr old now going to have to try and get a statement for his account - but at this point, I'm not impressed.
  • kimi31
    just that North America takes it alot more seriously and doesn't allow them to get away with it.
    Originally posted by AnxiousMum
    This is what i am hoping. I am not after blood or hundreds of $, i want a regular fair consistent child support payment for the children. Its not to much to ask.
  • kimi31
    Anxious- that is truly despicable. I wonder how these NRPs sleep at night. I think mine thinks that i have some endless pot of money and if he fails to give any over i am ok, that i can draw on it. I have sold all my god, ebayed all i can ebay and sold off other stuff. I have no tricks left now.....except REMO which i dont feel positive about at all.

    Lainep- Doubt very much CSA can disclose an address, even with a court order, it is Data Protection. May be worth enquiring though. But i am sure our team had a case a while ago which had a letter from a magistrate come in and we simply couldnt provide the requested info

    Eveyone- Im glad i have found this forum, they are few and far between....

  • mico62
    Ladies do I need to do anything - I took all my documents to court last week as I hadn't received anything since the end of June and a payment from him has gone into my bank today. Should I just let things progress and try to recoup the arrears?

    Edited cos I've just got my notification of the money going into my bank account and it has his old address. I included a copy of the notification son received for his birthday money that showed the same address on the fedex packet that daughter's birthday card arrived in with my affidavit. His house was up for sale and its showing as sold on the agent's website so not sure now where he's living.

    On a positive note xmas is uncancelled!
    Last edited by mico62; 03-11-2010 at 5:38 PM.
  • basboosa
    i was married to a saudi and have 2 children , he has not given child support for 9 years, he father passed away a few days go and has a property in uk which my ex husband had power of attorney to , can he be stopped in selling his share and money given to my children? can he be stopped when he arrives in a uk airport?
  • basboosa
    Can any one tell me if my husband is a saudi and has not paid child support for 9 years , can he be stopped when he enters country as he now has inherited a share of property from his father that passed away.can he be forced to pay?
    • PlayingHardball
    • By PlayingHardball 6th Nov 10, 6:36 PM
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    He won't be stopped, he hasn't done anything illegal.

    Why do you think they would stop him?

    Did he live in the UK previously? If so is there a CSA case that was open previously? Will he be living in the UK now?

    I don't think there is anything you can do because Saudi isn't listed as a REMO country. Please don't take my word for this though, it would be wise to call your local magistrates court, perhaps even call the Saudi embassy for advice.
  • monstersmum
    My ex lives in RoI, and took the CSA claim to a tribuneral which he won and the few payments we were receiving stopped, he said he would still pay but did not, i considered REMO but my ex as now agreed to make maintenance payments after christmas on the condition that i provide reciepts to show what i spend the money on and stop my daughter from calling my partner Dad - i guess i'll have to wait till after christmas to see if i need to take it further.. maybe i should calculate interest on the payments he should have sent since the tribuneral lol
  • kellerfer
    Absent Father in America ?!?!
    So, my daughter is 16 and just started college. Her Father (if i really must call himthat) went to work in America about 9/10 years ago. He sent cash for first few months but since then nothing. He send her $100 dollars on her birthday and christmas, but no child support. We were never married, he doesn't have parental responsibility, there was never any order in place for money or visitation or anything at all. He has always maintained that he could not afford to send any money even though i know it's a lie. He could afford to run a car and a motorbike and smokes so whatever. He is now married and living in California. He has been bringing up his wifes 4 children by 2 other men for years and still said he couldn't afford to send any money over for his daughter, can afford personal trainer for his wife and to live in a complex with a pool however. I kind of plodded on but then he had twins this July and still doesn't send any money for my daughter. I am so angry that I have only just found out about REMO, I would have done it years ago had I of known. Stupid CSA, all they ever say is, sorry can't chase for payments in America.
    So, I am in Liverpool. I have googled REMO and says to contact local magistrates court, If only they would answer the phone. Can anyone offer me any advice, if they are in a similar position, do i need a solicitor, what info will they need, can payments be backdated, is he still liable to pay as she is 16 and has left school. I have very little clus as to what i am doing. Solicitors i hav ephoned so far seem clueless to say the least.
    Any help will be greatly appreciated. Thank you.
    • AnxiousMum
    • By AnxiousMum 11th Nov 10, 4:51 PM
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    Unfortunately if your daughter is 16 and left school - under UK law then you wouldn't be eligible to receive child support. Do you still get child benefit for her?

    If there was no pre-existiing agreement in place, then there is nothing to enforce in the States. You could've had an order made here and then enforced in the States, or had a pre-existing order enforced there - but I doubt very much that they would backdate if she's no longer eligible.

    There's also the added burden of proving he's the dad - if you've never had that done, then that would've had to have been established before any orders were made.
    • Lainep
    • By Lainep 14th Nov 10, 10:15 AM
    • 186 Posts
    • 1,563 Thanks
    Kimi31 - thank you for the information. I have received a letter from the court to advise that they have written to the CSA to ask for the address details so will have to wait and see what happens.

    Unfortunately for me the Irish authorities are not willing to trace the NRP as part of their REMO agreement with the UK (although the REMO literature FAQ section implies that other countries will take steps to trace!)
  • mico62
    Hope everything goes ok tomorrow Kimi - report back and let us know how you get on. They told me there was a 10 day backlog before anyone would even look at my affidavit

    Kellefer - not sure if you can make a claim without a consent order in place, is he named on your daughter's birth certificate?
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