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Has anyone any REMO...
 
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[Solved] Has anyone any REMO or EU payment experience?

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(@Gary68)
Eminent Member Registered

I have a court order for child maintenance from Slovakia,

I have so far contacted a family solicitor, a barrister, Official Solicitor, CMS and REMO. All have said that I must pay it but no one can offer advice on how to appeal and what happens if my personal circumstances change.

I am now trying to find an English speaking Slovak solicitor who will not charge an extortionate amount to provide advice.

Is anyone else going through a similar experience or have any advice? I have very limited finances so need to spend them wisely and effectively. I am able to make maintenance payments, but not the full amount ordered.

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Topic starter Posted : 08/01/2015 10:50 pm
(@Goonerplum)
Noble Member Registered

Hi Gary,

This situation must be so frustrating for you.

Have you considered contacting the Slovakian Embassy in London to see if they can help you contact an English speaking Slovak solicitor who can help you or alternatively contact the British Embassy in Slovakia to see if they are able to help?

Gooner

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Posted : 09/01/2015 12:47 am
Gary68 and Gary68 reacted
(@Gary68)
Eminent Member Registered

Thank you Goonerplum. I have tried the Embassies but they will not offer any advice on legal matters. A Slovak solicitor could easily charge me thousands of euros to do very little, we're considered a wealthy nation. Unfortunately I'm not wealthy.
I have an older daughter in the UK and have always paid maintenance for her, This has always been agreed between her mother and me, with no involvement from the CSA/CMS. I am now wondering what would be likely to happen if I inform the CMS that I can no longer make these payments due to the Slovak order. The Slovak order is approximately 15% of my income plus 2 years arrears at an equal amount. It was issued on 13/10/2014 and I received it on 23/12/2014. Would they be obliged to get involved?

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Topic starter Posted : 09/01/2015 1:10 pm
(@Gary68)
Eminent Member Registered

An update to the previous statement.
I contacted CMS who advised they would not recognise the court order from Slovakia and if they became involved would take 12% of my income for my eldest daughter as she is a uk resident. The Slovak court is possibly working on a similar principal.
Is there anyone in the UK who has experience with an EU child maintenance order? I'm starting to feel like I have the only one!

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Topic starter Posted : 09/01/2015 4:49 pm
(@Gary68)
Eminent Member Registered

Does anyone have any understanding of the attached guide?
I've e-mailed the issuing court to offer equal payment for both children. By pure coincidence this happens to be 16% of my gross income, the figure used by the CMS. I've got bank details for my ex and have set up a standing order to start this month.

This will probably have little significance in the Slovak legal system but in the absence of any legal advice it seems better than nothing. Reading the attached document there should be some involvement from the UK legal system before anything can be taken from me.

Any thoughts appreciated...

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Topic starter Posted : 09/01/2015 9:11 pm
(@Gary68)
Eminent Member Registered

The guide didn't attach but is here
https://e-justice.europa.eu/content_european_enforcement_order-54-en.do

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Topic starter Posted : 09/01/2015 9:15 pm
(@dadmod4)
Illustrious Member

I 've had a quick look and to be honest, you really need qualified legal advice with this.

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Posted : 11/01/2015 9:05 pm
Gary68 and Gary68 reacted
(@Gary68)
Eminent Member Registered

Thank you actd. There is a certain irony in the fact that I do not have the money to pay a suitably qualified solicitor to stop the Slovak legal system taking money that I do not have! I would very much appreciate legal advice but it seems the cheap (!) £100 per hour solicitor's are not qualified. I am now trying to find a Slovak solicitor at an affordable rate as the Slovak system does not appear to have the facility for LIP.

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Topic starter Posted : 12/01/2015 1:25 am
(@Gary68)
Eminent Member Registered

Finally found someone with experience of EU court orders.
A charity called Stepchange, http://www.stepchange.org/. They're a debt management charity and within a few minutes confirmed that the court order would be passed to the uk legal system and would most likely result in me attending court. They couldn't advise on child maintenance but said that paying an equal amount to each child sounded very reasonable. They also assured me that the uk courts would not authorise a payment that didn't leave me enough income for my basic needs, mortgage, bills, food, etc. If/when this court case happens they will provide further advise and if necessary contact creditors.
The EU part is probably specific to my case, but I found these guys to be very knowledgeable and helpful. There are 1600 advisers and they are funded by the finance industry. I'm sure they could help a few more dads facing debts.

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Topic starter Posted : 22/01/2015 12:09 am
(@dadmod4)
Illustrious Member

Thanks for coming back to us with that information - hopefully it will help a few others on here over time.

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Posted : 22/01/2015 12:34 am
(@Goonerplum)
Noble Member Registered

Thanks for popping back with the info. I'm sure it will help other dads in a similar situation.

Gooner

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Posted : 22/01/2015 1:17 am
(@ShaftedByREMO)
New Member Registered

Hi

You're not alone! The REMO world is a somewhat lonely and unfair place. Looking for advice or help is an absolute minefield, challenging foreign orders made against you seems futile and in my experience, costly too!

I have absolutely NO issue in paying TOWARDS the cost of the upbringing of my child, but there are limits.

I realise this is an old thread, however I feel it would be therapeutic to exchange experiences with other "victims of REMO".

Get in touch!

Cash Cow (aka Father)

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Posted : 07/07/2016 12:06 pm
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