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Legal matters

Can REMO make absent df pay?

7 replies

seaofyou · 09/06/2012 15:37

Ex went AWOL few yrs ago to not pay REMO. I found ex and Courts served ex.

Ex currently disputing REMO, I was told decision would be 8-12 weeks, but it has been 20 wks so far. Should I contact the court abroad? Why does it take so long?

Also if ex does a runner again from REMO does the court have any powers to stop a deadbeat dad?

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Collaborate · 09/06/2012 16:35

You'd need someone to answer that knows the law in the other country. As you've not mentioned it, any response would be pure speculation.

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seaofyou · 09/06/2012 22:19

Oh thanks Collaborate. I thought it went by REMO law lol!

The country is Republic of Ireland.

Does anyone know if ex is served and then goes AWOL if court have powers to arrest etc as not following a court order?

Should I find website in that country then to ask?

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ItsRainingOutside · 07/07/2012 15:17

I secured maintenance from ExP via REMO but it wouldn't have been easy without the support and advice of the resident solicitor at the court where I filed the papers. He acted as a go-between in the process and also communicated directly with the courts in the USA. However, once maintenance is granted it will be down to you to manage any appeals and enforce any action already agreed. If it's any consolation, the courts are normally on the side of the resident parent.

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seaofyou · 07/07/2012 22:46

Thanks for your reply itsRainingOutside. Does that mean as ex has not paid for nearly 5 years and if ex does not pay there is nothing I can do? The order was enforced 7 yrs ago. But ex stopped paying, went on run! Cost me a fortune to find ex. Decision judge is deciding if ex should pay back amount owed and future payments. Ex must have made up one of his amazing web of lies to get out of paying as judge has been 'deciding' since I sent the truth in January! It takes forever! I hope it is in favour of ds as lots of additional needs with his ASD and health issues. But I ain't holding my breath!

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ItsRainingOutside · 08/07/2012 19:09

The court in the country where the papers are filed by REMO will make all decisions. They should have asked you to send in financial statements and evididence of non-payment. I did contact the US courts myself and asked to be on a conference call during the hearing so I could represent myself. There aren't really any lies your Ex can tell, other than prove, without all doubt, that he did pay you the money. If he has children, he is responsible for paying child support.

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seaofyou · 08/07/2012 22:40

Thank you ItsRaining. Ex will not be able to prove he has paid ( if that is how I imagine he is trying to get out of it) because the cheques stopped. Courts contacted him and he never answered again (even via solicitor asking him to pay when seeing ds, which ex solicitor never replied too!) ex refused to go back to court and disappeared. Even though I sent court letters to ex parents house.
I will ask an I attend conference via online, thanks for that.

Sorry last question, if you know? Ex's amount of maintenance was based on wages in 2004. His wages have trebled. Do you know if I ever get any money how it is varied to reflect correct percentage of wage? Do I ask now whilst they are sorting payments out? I asked in 2008 but that is when ex went on run from courts.

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ItsRainingOutside · 09/07/2012 21:49

They will base it on his current salary, and yours. Not sure how back-payments will be calculated though. They should take the money directly from his salary before he even sees it. It will go to the Ministry of Justice in Wales and they will send it on to you. The only downside if it is a foreign currency is you will be the one hit by exchange rate differences. Still, my opinion is better something than nothing at all.

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