More than ever before people move across borders, often as a consequence of their employment, following family or for a better life. However, this raises numerous issues as to who and how maintenance can be assessed and calculated. Not only that but actually receiving payment for maintenance can become a very difficult. Reciprocal Enforcement of Maintenance Orders ( REMO ) are in place for people who need to enforce and existing order.
We come across more and more international cases like this. When the non-resident parent lives in the UK, financial support of children can either be agreed or be assessed by the Child Support Agency (CSA). However, when the non-resident parent lives overseas, the position is different.
The CSA cannot assess child support for a non-resident parent who lives and works abroad although there are some exceptions eg. a member of the armed forces.
There are other issues: if the non-resident parent lives and works in Australia although the UK CSA has no jurisdiction, the Australian CSA may be able to help with child maintenance.
We also encounter matters where the non-resident parent lives in the EU. From the 18th June 2011 countries in the EU must enforce decisions made by the CSA or court orders for child maintenance. Those European states can even make formal legal arrangements to enforce child maintenance or pre-existing CSA arrears accruing when both parties lived in the UK, if the non-resident has valuable assets located in the EU.
Seeking enforcement of arrears against property or assets held abroad in another EU state can be difficult but very effective or even the threat of it.
The UK has international agreements with more than 100 countries about child maintenance. Those arrangements are called Reciprocal Enforcement of Maintenance Orders (REMOs). REMO would mean that the child maintenance order made by UK Courts can be registered and enforced in other countries. Similarly, child maintenance orders made in foreign countries can be registered and enforced by UK Courts.
Maguire Family Law is a specialist firm of Family Law and Divorce Law solicitors based in Wilmslow and Knutsford, Cheshire. We offer legal advice to parties going through a divorce including the financial issues which flow from this and children matters including child maintenance.
We can also advise on Schedule1 Children Act 1989 applications.
We advise clients in the Wilmslow area and also to the surrounding areas of Alderley Edge, Bramhall, Hale, Altrincham, Manchester and the North West. We are also able to act for clients nationally and internationally subject to the jurisdiction of England and Wales. For advice please contact James Maguire by telephone +44 (0) 1625 544650 or by email firstname.lastname@example.org