[Solved] International Child Support

Hi, it would depend on wether SA have a reciprocal enforcement agreement with the UK.

https://www.gov.uk/child-maintenance-if-one-parent-lives-abroad/overview
See section 4 (paying parent lives in the UK.

Hello Katerogers

All parents have a responsibility to provide regular and reliable financial support for their children. Child maintenance is paid to the parent with the main day-to-day care of a child, from the absent parent.

There are various ways that child maintenance can be arranged, one way is via a family-based arrangement. Family-based arrangements are agreements between both parents to decide who will provide what for a child. They are not legally enforceable and there are no strict rules of formulas to follow when calculating child maintenance. Therefore, parents can decide the terms of their agreement to suit their current circumstances.

Sometimes a family-based arrangements are not possible therefore, a receiving parent (referred to in legislation as the parent with care or the person with care) who lives abroad and wants to apply for maintenance from a paying parent (referred to in legislation as the non-resident parent) who lives in the UK should approach the equivalent of a local magistrates', or county court in their country to apply for a court order for maintenance to be made. This can then be enforced by the Reciprocal Enforcement of Maintenance Orders (REMO).

This is an agreement set up via the British Government with other countries, to enable citizens to receive maintenance if a parent lives abroad. You can find a full list of participating countries at www.justice.gov.uk/downloads/protecting-the-vulnerable/official-solicitor/reciprocal-enforcement-of-maintenance-orders/remo-location-list.pdf.

The REMO Unit helps to register and enforce child maintenance orders internationally. You can find out more at https://www.gov.uk/remo-unit-helpline.

For more information on the different ways to set up child maintenance, you can visit the Child Maintenance Options website at http://www.cmoptions.org.

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.

Regards

William

Hi

Having been privately sending child support freely taking my parental responsibility seriously supporting my daughter for 10 years have recently received correspondence from my Ex South American girlfriend (non EU resident) saying that she wants more money and has threatened to use the CSA via Remo. Can anyone explain what i can prepare myself for? I feel a little disappointed that me a free paying father will punished severely as from what I have heard can be a harrowing experience once they are involved.
Does she need to get help in her own country using their laws and can this be enforced on me in the UK. How is foreign cost of living taken into consideration. The average Monthly income in this country is 250 dollars which I am more than paying in-fact on average £300 per month. I feel scared & at my wits end and would greatly appreciate any information any one can provide.

Many thanks
Mully

Hi and welcome to the forum.

OK, first, I'd check this list to see if the country is part of the REMO agreement

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/390367/remo-countries-list.pdf

Assuming it is (and if she knows about REMO, then it probably is), I'd give them a ring to check what the rules are - the number is here:

https://www.gov.uk/remo-unit-helpline

If they say it can be set by either country, then I'd contact CMS (CSA no longer take new cases) and ask them to open a new case - the basic calculation is 12% of your gross income for one child. In my view, it's better to be certain of what you are paying - if it can be set by a foreign court, you really have no idea how they may set maintenance, so getting in first might well be the best policy. I'd ask the CMS how you go about paying through direct pay (and proving that you are doing so with a CMS case open) to ensure that your ex can't try to get a court to re-calculate.

Hello BryanM

With you having a family-based arrangement in place you may wish to try to discuss and negotiate with your ex-partner your maintenance payments. Family-based arrangements are not legally enforceable and there are no strict rules or formulas to stick to when calculating child maintenance. Therefore, parents can decide the terms of their agreement to suit their current circumstances.

The Child Maintenance Options website has a useful tools and guides section that you and the other parent may find helpful when trying to negotiate your family-based arrangement. This can be found at http://www.cmoptions.org.

If you feel you cannot renegotiate your family-based arrangement, there is the option of the Reciprocal Enforcement of Maintenance Orders (REMO). A receiving parent (referred to in legislation as the parent with care or the person with care) who lives abroad and wants to apply for maintenance from a paying parent (referred to in legislation as the non-resident parent) who lives in the UK should approach the equivalent of a local magistrates', or county court in their country to apply for a court order for maintenance to be made. This can then be enforced by REMO.

This is an agreement set up via the British Government with other countries, to enable citizens to receive maintenance if a parent lives abroad. You can find a full list of participating countries at www.justice.gov.uk/downloads/protecting-the-vulnerable/official-solicitor/reciprocal-enforcement-of-maintenance-orders/remo-location-list.pdf.

The REMO Unit helps to register and enforce child maintenance orders internationally. You can find out more at https://www.gov.uk/remo-unit-helpline.

With the receiving parent living in South America, you may not be able to make an application to the Child Maintenance Service as they only accept applications for when both parents are living in the UK. For further information on this, you may wish to have a look at the following link that provides information on the Child Maintenance Service and how they calculate child maintenance, https://www.gov.uk/how-child-maintenance-is-worked-out/how-the-child-maintenance-service-works-out-child-maintenance.

For more information on the different ways to set up child maintenance, you can visit the Child Maintenance Options website.

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.

Regards

William