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Avoiding child and spousal maintenance

(17 Posts)
Worstcasescenario Fri 10-Aug-18 17:58:10

Out of curiosity... as I see this potentially happening. What would happen if my exH leaves the country in order to avoid paying child and spousal maintenance (court ordered)?

MrsBertBibby Fri 10-Aug-18 19:34:28

www.gov.uk/remo-unit-helpline

Caribbeanyesplease Fri 10-Aug-18 19:37:02

*EU countries can’t force your ex-partner to pay any money they should have paid after they left the UK*

RandomMess Fri 10-Aug-18 20:12:49

Take as much in settlement as possible rather than maintenance! Some countries have reciprocal arrangements I think Australia is one?

Collaborate Sat 11-Aug-18 06:09:02

@carribeanyesplease They literally can do that, so I’m unsure of the meaning behind your post, which is so incorrect.

Caribbeanyesplease Sat 11-Aug-18 06:52:27

I copied and pasted that from the government link provided by he previous poster!

Caribbeanyesplease Sat 11-Aug-18 06:53:56

Not my opinion at all.

Caribbeanyesplease Sat 11-Aug-18 06:54:33

So irresponsible of you to be so certain about something you clearly should not be certain about

ThunderStruckMuck Sat 11-Aug-18 06:55:42

It depends on which country they go to or in the case of the US which state and whether or not reciprocity exists. Even with reciprocity I wouldn't fancy my chances but technically possible.

Worstcasescenario Sat 11-Aug-18 08:00:49

Thanks everyone for your replies. Doesn't look too good for us then as it all depends on whether the authorities in that country could be bothered. I think if he's going to go anywhere it would be to South Africa which is on that list.

Caribbeanyesplease Sat 11-Aug-18 08:26:29

Oh heavens
My ex is South African (although lives in UK and absolutely fantastic at paying CM)

Anyway, SA. They couldn’t organise themselves if the country depended on it! I’m afraid to say that you will get absolutely no where if you ex moves to SA

MrsBertBibby Sat 11-Aug-18 08:48:13

So irresponsible of you to be so certain about something you clearly should not be certain about

This is the page your pic is taken from

www.gov.uk/child-maintenance-if-one-parent-lives-abroad/ex-partner-lives-abroad

It is talking about CMS maintenance, not court ordered maintenance, and yes, CMS jurisdiction dies if the payer is abroad so REMO etc are only good for enforcing pre departure arrears..

The truth is, overseas maintenance is a nightmare, but not a total no go area. Although RSA is a bit of a mess.

Caribbeanyesplease Sat 11-Aug-18 08:53:00

*The UK has no authority to make foreign courts enforce maintenance orders.*

Sadly it makes no difference

Collaborate Sat 11-Aug-18 12:32:05

You are literally arguing with qualified family solicitors.

I don’t have the mental energy to correct everyone online who has read a web page and thinks they know it all. I suggest you google maintenance enforcement REMO and educate yourself.

MrsBertBibby is quite correct in explaining the meaning behind your copied and pasted taken-out-of-context quote.

I’ll even start you off, if that’s too difficult.www.gov.uk/government/publications/countries-where-you-can-enforce-child-maintenance-decisions

MrsBertBibby Sat 11-Aug-18 13:03:55

The UK has no authority to make foreign courts enforce maintenance orders.

Exactly. That is why we have reciprocal enforcement arrangements : to ask their courts to enforce our orders, and vice versa.

It would be a bit of a rum do if the District Court of Mumbai suddenly started helping itself to money in a bank account in NatWest Stevenage to satisfy a maintenance order it had made. So it asks the Hertford County Court to help.

Worstcasescenario Sat 11-Aug-18 13:24:14

Thank you both. I think I feel slightly better although understand it would tricky, especially in a country where corruption and bribery is rife.

MissedTheBoatAgain Sun 12-Aug-18 11:04:52

To Carribean

Sometimes a little knowledge is more dangerous than none at all.

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