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eh in usa ex military maitennace help with court

(12 Posts)
wonderingsoul Fri 19-Apr-13 16:49:43

i should be divorced next week

ex lives in the usa. has refused to pay for 4 years.

having finally managed to get my divorce. we have put in for maintennace. we have a court date for the 16th of july. but ex has to fill in a form stating what money he gets. pension he gets from the military (he was discharged on medical grounds and gets 90 percent of his pay he would have got a month) etc.. i know he wont do this.

i was wondering if any one has faced simlier. how long did it take. and what happens if he refuses to fill the details in he needs?

ItsRainingOutside Mon 22-Apr-13 00:51:21

I have an almost identical situation. Ex in the US, refused to pay until I went through REMO and forced him into court. The US Child Support Authorities don't take too kindly to dead beat fathers and will always assume the resident parent is in the right. Google the Child Support Agency in the town where he lives and you'll find a calculator with the amount he should be paying. They will automatically deduct the amount from his pension and he won't be able to do a damn thing. It took me 9 months to get something but the amount due goes back to the date they receive the application so don't delay.

wonderingsoul Mon 22-Apr-13 06:52:54

thank you for replying. smile it has finally gone to court and we have a court date for the 16th. first hearing any way.

i know his area and i know they are very tough on child support.

we have asked for a lump sum to cover the past 4 years . i just really need some help money rise right now. its getting harder you know.

i was expecting 6- 12 months.. but was kind of hoping some one would come along and say it'd be sorted just like that sad

babybarrister Mon 22-Apr-13 07:34:44

I am not clear whether you have a maintenance order in place at the moment which he is not paying. if there is no order you may want to consider making an application in the UK under Schedule 1 of the Children Act if that might be more generous - have a read of both that and the US option RedHelen suggests and see which is more generousgringrin

wonderingsoul Mon 22-Apr-13 08:38:43

no order in place at the moment. thank you ill have a read when i get back tonight. i have a feeling us will be more generous though. the usa seems to take child support more seriousely then the uk. prision times, driving lisence/ passport taken of them for non payment. (organ state)

babybarrister Mon 22-Apr-13 09:18:31

I take it he was in US military not UK military? - you will need to consider ease of enforcement as well!

wonderingsoul Mon 22-Apr-13 09:35:55

yes, US military which is why its taken so long and is gunna be hard as csa wont touch him.
we had to wait till my divorce was being processed which has taken almost 4 years due to him not signing it and being differcult. divorced should be finailised this week which is why my solicitor has just put in for mainternace, he doesnt work and lives of his military benifits, which also makes it harder i think (could be wrong ) im not sure why we had to be divorced to start mainternace btu it explains a reason why he didnt want to sign the papers.

i know soon as a court grants it the us will follow it though, as its one of the few country that will follow and back up uk child support claims out side of the uk.

ItsRainingOutside Mon 22-Apr-13 09:56:43

If it's helpful, my ex (ex Military) had to pay $491 per month for one child when he was living off his military pension alone. Be prepared to give them a statement of your financial situation including 12 months of payslips from your employer if you have one. I don't think they will backdate payments any further than the date your application went in. You should really have applied for it as soon as he became the absent parent as there was no need to wait for a divorce if you weren't living together.

wonderingsoul Mon 22-Apr-13 18:00:41

wow! that would be amazing!!! i have two boys so even 491 would be amazingly helpfull!

i dont work, im on income support, which will be easy to file. i get legal aid and i dont think my solicitor is the best, though if i was paying im sure he would have gott his finger out and done it before or even reasearched it becasue he wouldnt even talk about trying for mainternance till this month. :/

ItsRainingOutside Tue 23-Apr-13 16:54:20

You don't even have to use a solicitor for this. Your local county court will do everything for you, for free. The only thing proving difficult for me is the US authorities will only deal with REMO so when you want the amount reviewed (maybe your ex will get a job?) you have to start the process again. At least in the meantime, you should be getting something. Hope it all works out for you smile

wonderingsoul Wed 24-Apr-13 09:20:45

arr got a email this morning from the ex girlfriend. stating that " jake wont be signing or filling anything out, sorry for any inconveance this casues you"

passive agressive bitch face. though i suppose this works in my favour i have prove that he wont do it?

i wish i had done this years ago, its such a minefield i thought my solicitor had everything undercontroll and knew what he was doing sad or even when i phoned csa up at the begining if they had told me i could just get a remo from the court straight away. granted i should have googled myself too, i just feel the options wasnt told me to aswell as they could have been.

thank you so much, its really helpfull.

wonderingsoul Thu 25-Apr-13 16:02:50

i got my absolute through this morning. i am 100% divorced. its a weried feeling, i thought id be really happy. and i am. but i also feel weried, and couldnt stop shaking for an hour. feels unreal.

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