All parents have a responsibility to provide regular and reliable financial support for their children. Child maintenance can make a significant difference to a child’s wellbeing and the quality of family relationships. Family-based arrangements give you the flexibility to agree between parents what counts as child maintenance, and to change your agreement as your child/children get older or your circumstances change.
The Child Support Agency (CSA) can only deal with an application for child maintenance where both parents and the child live in the United Kingdom (UK). However, there are exceptions to this when any of the following points apply to the non-resident parent:
Is working abroad in the service of the crown. For example, is a Civil Servant, works within Her Majesty's Diplomatic Service or is a member of the Armed Forces.
Works abroad for a UK based company. For example, the company employs people to work outside the UK but makes payments via a UK payroll. The company also needs to be registered under the Companies Act 1985 (England, Wales and Scotland) or the Companies (Northern Ireland) Order 1986.
Works abroad on a secondment for a prescribed body. For example, works for a NHS trust, regional health authority, primary care trust or local authority.
If your circumstances do not meet the above criteria, there is still an option to consider in applying for maintenance. The parent with main day-to-day care of the child/children may wish to approach the local magistrates' or family court to apply for a court order for maintenance. Once granted, court orders can be enforced under the Reciprocal Enforcement of Maintenance Orders (REMO) agreement. REMO is the process that enables maintenance orders made by UK courts, on behalf of UK residents to be registered and enforced by courts in other countries and vice versa. This is an agreement set up via the British Government, with other countries, to enable citizens to receive maintenance from parents living abroad. Court staff may be able to help you and will forward the application to the relevant authority. The authority will check that the application is correct and send it to the foreign authority, or court, for registration.
Currently, the UK has conventions with more than 100 countries and territories worldwide. A full list is available on the Ministry of Justice Website, which does include areas of the United States (US), at http://www.justice.gov.uk/guidance/protecting-the-vulnerable/official-solicitor/index.htm.
For further information about the REMO process you can contact the REMO Section of the Official Solicitor & Public Trustee either by phone (0845 345 5303) or via the Directgov website at http://www.direct.gov.uk/en/Dl1/Directories/DG_177531.
It can sometimes be really hard to talk to a former partner about money, but there is help available from the Child Maintenance Options Service. You can find tips and support at http://www.cmoptions.org, or you can speak to someone in confidence by calling 0800 988 0988.