[Solved] Maintenance FROM mother

Hi Aung

Where does the mother work?

Depending on the answer, the CSA may be able to act for you. Are you getting child benefits at the moment? If not, you should be doing so, so contact the benefits offices.

Thanks for your reply. The mother works in America. I am really new to how the CSA can help, in fact, new to this entire subject so any advice is a great help.And yes, we are getting the child benefits now.

If the company she works for is British, but with an office in the US, then I think the CSA can collect maintenance, but if it's an American company, then I don't think there's a way to enforce this.

I'll ask our experts at the CMO if they can give any further advice.

Yes, it is an American company - I guess my question is: is it completely accepted and ethical that a mother should pay child maintenance?

Thanks for your reply.

Hi There,

In answer to if it's ethical and axpected then i'd say yes it is, if whe were living in the uk and your child was living with you the CSA would enforce she paid, and that's what ethically she should do now.

I would assume that you pay her maintenance whilst your child lived with her?

Darren

Yes, it is an American company - I guess my question is: is it completely accepted and ethical that a mother should pay child maintenance?

Thanks for your reply.

In answer to your question - this is taken from the CSA leaflet on how maintenance is worked out:

Example:
Tyrone and Pauline are divorced with 2 children who live with Tyrone. We work out how much Pauline has to pay,....

So it's even in their literature (though this is the only example with the father with care).

I'm Sarah the Child maintenance Options consultant. 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.

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 former partner's circumstances do not meet the above criteria, there is still an option to consider in applying for maintenance. You may wish to approach your 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. Some of the REMO arrangements other countries have with the UK don't apply to Scotland. You will need to use a solicitor if you live in Scotland. If you live in Scotland you can find out more about REMO using the following link, http://www.scotland.gov.uk/Topics/Justice/law/17867/fm-children-root/maintenance

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.

You haven't mentioned if you and your former partner are able to work out child maintenance between yourselves. This type of arrangement is called a family-based arrangement (without the involvement of the CSA or the courts), and all parents are free to make this type of arrangement if they can both agree. A family-based arrangement is the quickest and easiest way to arrange child maintenance and is usually the best option for everyone involved.

I understand 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.

hi aung.... i was awarded custody of my then 5 year old daughter, she didnt pay a penny towards my daughters up-keep when i contacted CSA i was told she didnt have to pay it was only the absent father who they chase.... i left it at that 11 year without a penny from the mother ...glad i did it without her unsure of your case as the mother is in diffrent country

Unless it's different in Scotland, that's definitely not the case today - CSA have collected maintenance on my behalf from my ex for the last 6 years, with differing degrees of success.