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Advice on getting maintenance whilst ex is working abroad

(33 Posts)
Caramelbutthorn Wed 10-Jul-13 17:03:40

Hiya,

I'm stuck and hope someone can offer some advice.

I need to obtain a CHILD MAINTENANCE ORDER but do not know how to do this myself.

My ex was making payments via the CSA but has recently moved far away. He is working for a foreign based company. There is therefore nothing that the Remo team or CSA can do to help me.

A document I saw online stated:

If you do not have a maintenance order or if you have a CSA assessment, you should contact your local magistrates’ court or family proceedings court about applying for maintenance abroad.

Have any of you had to try to get maintenance from an ex who has moved abroad? How did you do it?

I believe I need to obtain a child maintenance order but do not know how to do this and cannot work out which form I need to complete. As I cannot afford a solicitor I have to do this myself.

For a bit of background, I was NOT married to my babies father however I do have DNA test results to show he is the biological father.

Any advice would be appreciated,

Thank you xx

Collaborate Fri 19-Jul-13 15:54:53

The Magistrates can also make the maintenance order.

The CSA's test as to who is resident depends on all the absent parent's ties to the UK, as LadyMaryQuiteContrary points out.

LadyMaryQuiteContrary Fri 19-Jul-13 15:59:53

smile

I collected mine from the county court but the hearing is in the magistrates.

STIDW Fri 19-Jul-13 18:06:37

There are slightly different procedures. Is the country concerned a REMO country and in the EU?

Caramelbutthorn Fri 19-Jul-13 23:08:51

Hi, he's in china. So the Remo
Unit cannot touch him.

Plus he has no property or assets.

He isn't on the birth cert as I didn't think he was a responsible parent and there is a history of DV. He is punishing me for this by refusing to support his son. So proving he is a bad parent.

I have had to have a DNA test to prove he is the father (he denied this to delay CSA payments.).

LadyMaryQuiteContrary Fri 19-Jul-13 23:21:43
LadyMaryQuiteContrary Fri 19-Jul-13 23:25:17

Ah, sorry. That's wrong. sad

(Lexisweb)

Reciprocal agreements

The UK has reciprocal agreements with over 100 countries and territories, but those not falling within that list include China, Japan and countries in the Middle East. Some countries may fall within more than one set of provisions and the choice of enforcement may depend on the type of order being enforced or the location of the parties or assets.

The courses of action available and the relevant legislation will vary considerably depending upon whether the country with which the UK has a reciprocal agreement is an EU or non-EU country. In most cases, enforcement of maintenance orders can be carried out through governmental agencies.

LadyMaryQuiteContrary Fri 19-Jul-13 23:30:04

Looks like you'd need to contact a solicitor there as they will know more about the legal system.

"For maintenance enforced by reciprocal agreement, see Reciprocal agreements above. Where no reciprocal agreement exists with a country eg Russia, whether a UK order can be enforced there is determined by the law of that country."

Looks like you need to go through the Chinese courts. This is useful;

www.chinalawblog.org/law-topics/divorce/225-child-support Your best bet is to find a lawyer in china. I've no idea how much this will cost but I don't think it will be as much as it is here.

Good luck!

Collaborate Fri 19-Jul-13 23:50:44

Get your order specifying quantum here. Enforce it abroad. If the company he world for is a subsidiary of a UK country he'll still fall within the CSA.

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