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In 2004 I got divorced and a consent order was made. However, I falsified my reported net income (reporting a figure which was triple that of reality) under duress as I was being blackmailed by my ex.
I paid the child support amount in the order between 2004-2006 but was then made unemployed. I got a new job abroad in 2007 and my ex agreed I shouldn't pay the child support but should use it to pay for flights to and from the UK. This was agreed verbally.
However, after a prolonged court battle over access in the last few years (which I was forced to initiate), my ex is now asking for arrears all the way back to when I was made unemployed in 2006 and for the original order to be enforced abroad. The government organisation where I live has now contacted me and told they will start enforcing the order of £500 and over £30,000 in arrears in weeks.
I want to try to overturn the court order since I signed it under duress and it was never a fair reflection of my earnings - I believe this counts as fraud. I have tax records that show my earnings were far lower than those in my statement but this is my only proof of the blackmail I can use in court.
Or should I abandon any hope and apply instead to vary the consent order and also to remit the arrears?
I had lawyers in the UK for the court battle for access rights but they need £1,000 up front to represent me for this and I don't have that so I need to represent myself...
Wow, this is tricky. My thoughts are that you really need legal advice on this, because this could well be perjury, which potentially carries a jail sentence - being under duress (if you could prove this) might mitigate the sentence, but not the crime itself.
Your best possibility (but as I say, you need legal advice, and it may be best to pay for an hour or two of consultation) may be to ask the CSA to assess your case and see what they do about the arrears. There is a link for Child Maintenance Options on the banner area of the forum - it may well be worth you visiting this.
Unfortunately, the CSA can do nothing as I live outside the UK. Even though, under the CSA calculator (and not taking into account the extensive travel expenses - which I've been told would be considered by them) I should have to pay less than 2/3 of the amount in the order.
The trouble is, over here, the government agency can set a minimum living expense and take everything else direct from my employer so I would literally be working for nothing, have no money to pay for a legal challenge (and no way to get legal aid as I live abroad) and - most importantly of all - have no money to pay for travel expenses for my daughter.
They wanted to withhold access to my daughter and, because they lost that case (which took me over 18 months) they are now trying to make it so I can't afford to see her. Really fighting hard to cope with the feeling of depression and helplessness at the moment.
I guess I have to try and vary the consent order myself and hope I can afford the court fees before they start taking the money from me...
Hi
As a matter of interest, which country are you in? I'm curious which country can act on a UK court order without giving you any say in the matter. Would they be prepared to delay taking the money if you have an ongoing case? If so, I'd take legal advice (and if you are persuing it in a UK court, I'd have a word with the CCLC to see if they can give any advice - I'd be asking whether there is any way you can get the arrears reduced on account of the travelling you've had to do, and whether you can get it varied using the CSA calculator (which allows for reasonable travelling expenses to be deducted).
The order is being enforced by REMO (Reciprocal Enforcement Maintenance Order) and the agency over here is just acting on the instructions of London.
From what I understand, my ex went to the court where the order was originally made and filed something saying that I owe her x amount in arrears and the first I find out about it is when the agency over here contacts me.
I talked to lawyers in the UK but they messed me about a bit. I talked to them as soon as I found out about this and they tell me they think it will cost me about £1,000 but promised to get back to me with a quote in three days, then I have to chase them and they tell me it will cost £2,000 and if I want to proceed to let them know. So I tell them I want to and I get a phone call from another lawyer at the firm saying how he is taking the case, not his colleague, and that I should expect it to cost £5,000 at least and that I need to pay £1,000 up front for them to do anything. Since I can't afford anything like that, I figure I have to do it myself. Trouble is, this has eaten (massively) into the time I had between being notified and when I was told this agency would start proceedings here to enforce so things are really desperate now...
Would rather not say exactly where as I know my ex looks for stuff I post online but in Europe.
hi
No problem with not giving moe detail on your location, Europe is enough of an answer anyway, and also, in my experience, it's sensible being careful what you post online, especially with an ongoing case.
As you don't currently have a solicotor, it may be worth giving the Coram Childrens Legal Centre a call (or email if you can't phone easily) to see if they can offer you any advice - there may be limits as to what they can do since you are based abroad, but you are operating under UK law, so they may be able to advicse you as if you are in the UK, you certainly have nothing to lose by trying.
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