[Solved] Texas-UK

Hi Ben

The father can reach a private arrangement with the mother to pay child support, but I would advise that a DNA test is done to make sure of parentage first.

I think, if a private arrangement isn't possible, the mother would make an application through REMO and I think that an application would then be made to the UK court, but if there are doubts about parentage that could be challenged at this point.

Generally the maintenance service here take the mothers word about who the father is, regardless of what's on the birth certificate, even a father that's not named can be pursued on the mothers say so. It's up to the father to tell the CSA that they are disputing parentage once he has been contacted. They will arrange a DNA test but if this comes back that the named man is the father, he will have to pay for the DNA test. They will also expect payments to be made whilst the dispute is investigated, this would be reimbursed if it turns out he is not the father.

I would advise checking this out with the relevant authorities, or perhaps the Citizens Advice Bureau could help.

Best of luck

Thanks for your response Mojo.

Would she contact the British CSA in the first instance or go through the relevant American channels who then contact the CSA?

From looking at REMO it seems to be for when there was an arrangement in place when both parents resided in the UK and then the non resident one moved away.

Thanks,

Ben

Hello Ben1morgan

Thank you for your post. As Mojo has mentioned, with the receiving parent and the child living in Texas (the United States) and the paying parent residing in the UK, child maintenance can be arranged privately via what we call a family-based arrangement. Even though this type of agreement is not legally-binding, parents have the freedom to decide between themselves how much child maintenance that will
be paid and the form that it will be paid in.

If a family-based arrangement unable to be set up, the receiving parent can approach the American equivalent of a UK magistrate or family court to apply for a court order for child maintenance to be made. Once set up, the order 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 more information about this process on Gov.uk at https://www.gov.uk/child-maintenance-if-one-parent-lives-abroad/paying-parent-lives-in-the-uk.

In terms of using the Child Maintenance Service (CSA), they are no longer accepting new applications.

With regards to establishing parentage of a child and what happens if parentage is disputed, the parent who has concerns may wish to seek legal advice.

If you wish to discuss the ways that parents in the UK can set up child maintenance, you can contact Child Maintenance Options. Their contact details are listed on their 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.

Kind regards

William

As William says, she would need to apply for a court order where she lives which can then be enforced through the UK courts. It would be better for all concerned if the parents can come to a family based arrangement though.

Best of luck