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Maintenance claims - two different countries involved

(7 Posts)
HairyToedHobbit Thu 18-Sep-08 21:09:01

This is on behalf of my sister. She got divorced from her H (xBIL) nearly 4 years ago. He left her for OW. OW was also married and both couples have two DC. OW is from another country where her parents still live and OW and xBIL left UK to live there about three years ago.
Meanwhile, DSis got together with OW's H grin. The 4 children all get along so well that every long school holiday the children take it turns to travel to stay with their own Dad so all 4 of them spend the holidays together.

So far so good. A year ago DSis's DP lost his job and DSis had to ask for some help from xBIL which she got. Because of this OW said she wanted noney off her xH too...as my sis explained (very slowly) her xH was not working!

OW & xBIL have now asked for maintenance from DSis's DP. They are living in an expensive country and OW doesn't work.
DSis has tried to explain that if her DP has to pay maintenance then she will be forced to ask for maintenance too - they have recently got a mortgage together and DP tries to save every penny in order to pay for flights to see his DC who he never wanted taken away in the first place. DSis has been accused of copying hmm.

If they go ahead with both claiming how would this work in practice?

HairyToedHobbit Thu 18-Sep-08 21:12:17

noney money

Oh, the other country involved is Sweden if that makes a difference.

poppy34 Thu 18-Sep-08 21:17:32

you'd need to get a court order to get the maintenance paid for your exsis- is she asking just for money for kids or also for her? I can't advise you on what position is for her but I'd have thought CSA arrangements are generally a guidance for this kind of arrangement.

Most countries (esp those in EU) have reciprocal arrangements which will enforce the order if your dp is resident elsewhere.

I'm guessing how much ow gets will depend on what rules are enforce in Sweden but the reverse is likely to apply (ie ow prob can claim depending on swedish rules).

squigglywig Thu 18-Sep-08 21:22:25

OW can claim underhållsstöd at 1273 SEK per child (approx £110). OW cannot enforce maintenance payments between Sweden and UK without vast effort and expense.

If DSis's DP is not working then I'm guessing his contribution would be less than 1273 x 2 anyway. So tell OW to go to Försäkringskassan in her Kommun and sort out her application. Alternatively she read more here

muggglewump Thu 18-Sep-08 21:32:18

poppy34, I don't have a court order and I can claim for maintenance from my ex who lives in Australia (he is Australian). I haven't done it yet, I need to get the money for a new BC for DD and a solicitor to sign some stuff for me but I can do it.
I only found out recently and a place in Edinburgh will deal the Australian CSA on my behalf.
It's not definite I'll get anything but that's down to whether the Oz CSA trace my ex and whether he pays or manages to dodge it, and I guess the efficiency of the CSA over there because my dealings with the CSA in this country were a waste of time.

HairyToedHobbit Fri 19-Sep-08 11:47:24

Thanks for all the info. Will pass on to my sister smile

KatieDD Mon 22-Sep-08 12:05:05

Mugglewump, I hope you see this, the Australian CSA is amazing you should get fantastic results, I was so impressed.

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