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Hi
I have been paying maintenance for my son who lives in the Czech Republic. He is now 18 years old and almost 19. I have no contact with my son, i just make regular payments to my ex-wife. He is apprently furthering his education until he is 25 years old.
I recently asked her for evidence of this further education, she was reluctant to provide any detail. I asked her for a letter from the school to tell me what courses he is studying and for how long. She still has not provided this information, therefore, i have suspended payments. She is now threatening to take me to court. Can anyone advise please?
I'm afraid you are going to have to get advice from someone who knows the Czech system as they could be completely different to the UK system. One option might be to call her bluff, to see if she takes you to court. You could certainly start by writing a letter explaining that you are suspending payment until you have received proof of education, and on receipt of this from the education establishment, you will continue payments and pay the arrears. That way, you cover yourself to some extent if she does take you to court.
Hi Paul123
I am William the Child Maintenance Options consultant. To help you further with your post could you please clarify what type of arrangement you have in place for child maintenance?
Which country do you and your ex-wife reside? As you have mentioned your son is living in Czech Republic.
Look forward to your response.
William
Hi there, both my ex-wife and son live in the Czech Republic. I have had an arrangement with her to pay maintenance since my son was 2 yrs old. I have always paid. I tried asking her to prove that my son is still futhering his education, she was reluctant to do this but provided a phone number for the school so that i could contact them directly. The phone number she has provided could be anyones. I have therefore, tried again to request that she provides a letter from the school stating what course he is taking and the current term times, start date etc. To date i have not been sucessful.
Hi Paul123
Many thanks for your reply. Just to confirm your ex-wife and your son live in the Czech Republic. Which country do you reside in and do you have a family-based arrangement in place for maintenance.
Many thanks
William.
Hi there, i live in the UK. We have had an arrangement since our divorce that i would pay a set sum of money.
Hi Paul123
Thank you for your reply. Under child support legislation when both parents live in the UK, regular child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid. Before 10 December 2012, the upper age limit was 19.
If you currently have a family-based arrangement in place, this is when you and your ex-wife can agree who will provide what for your son. There are no strict rules or formulas that you have to stick to when calculating your payments. Family-based arrangements are not legally binding, however, they can be quick, easy and flexible to change if your circumstances do. You may wish to discuss with your ex-wife when your payments will stop.
If you and your ex-wife are unable to come to an arrangement and she is entitled to receive maintenance, she could apply to the Czech Republic courts for a court order. 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. 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.
To find out more about how Child Maintenance Options can help you visit www.cmoptions.org or call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on Saturday.
I hope this helps.
William
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