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Hi Newbee here
I just wanted to ask a question. I'm living in the US with my wife and two children and I'm currently paying a mutually agreed amount of child maintenance and not mandated by the CSA to my ex and have been since day 1 but I'm certain my ex is receiving income support. She's never happy with the amount and always threatens to sue me for more money write to my wife etc ..How can I prove this and am I still eligible to pay if they are receiving income support.
She can't sue over here but she can use the CSA/CMS and REMO ( https://www.gov.uk/remo-unit-helpline) - it might be worth you contacting CMS directly and asking them if you can open a case with them on Direct Pay (means you still pay directly so you avoid all charges except the initial £20 application fee) - that way there is no argument about what is owed.
Hello Kane
As you are living in the USA, you are outside the jurisdiction of the UK maintenance services. There are still ways that maintenance can be arranged between you.
The family-based arrangement is an agreement between parents without any legal involvement. Although not legally enforceable, this type of arrangement does tend to work better and last longer than others, as it is what the parents have agreed to.
You can find more information and useful tools on the Child Maintenance Options website http://www.cmoptions.org.
Another option is a Reciprocal Enforcement of Maintenance Order (REMO), as mentioned by actd, which enables an order made in the UK to be enforced in other countries.
If you feel you need proof of the payments you make, you could consider setting up a standing order which will show on your bank statements.
If your ex is receiving Income Support or any other benefits, this would not affect your responsibility to pay child maintenance.
The Department for Work and Pensions (DWP) have a web application, 'Sorting out Separation'. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is www.cmoptions.org/en/sortingoutseparation/index.asp.
Regards
William
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