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I need some help working out how to apply for maintenance please.

3 replies

LadySybildeChocolate · 18/08/2012 22:09

Absent father is an EU citizen as he moved out of the UK 10 years ago. It's covered under REMO, but I'm not sure where to start. There's no court order in place, the maintenance was calculated by the CSA 12 years ago but it wasn't collected by them, ds's father transferred it to an account for ds every month until May this year, when he stopped paying. It's not been assessed to see if it's the correct amount, he's in a managerial job but now has 2 other children. Do I need to get a court order before I apply for a REMO? Confused

Thank you. Wine

OP posts:
STIDW · 18/08/2012 23:18

Before applying for the Reciprocal Enforcement of Maintenance Orders you need a court order or decision from the courts or the CSA to enforce. CSA arrears can only be enforced when the money owed was from when both parents lived in the UK. If you need a maintenance decision from the court the application form (REMO 8) and guide for obtaining a maintenance decision are here;

www.justice.gov.uk/downloads/forms/ospt/remo-8-applica tion-form.pdf

www.justice.gov.uk/downloads/forms/ospt/remo-8-applica tion-form-guidance.pdf/

When there is a decision or court order the application form (REMO 7) and guide to enforce are here;

www.justice.gov.uk/downloads/forms/ospt/remo-7-applica tion-form.pdf

www.justice.gov.uk/downloads/forms/ospt/remo-7-applica tion-form-guidance.pdf

If you need to apply for a court decision you can complete both forms at the same time. Court staff in courts designated to deal with REMO should be able to assist with the form filling.

The alternative is to apply to foreign authorities to create an order.
In Scotland the form for applying to the foreign authorities to create an order/decision is only available from the central authority. Assuming it's the same in England you would need to contact the central authority, the Official Solicitors Office, and clearly specify you want a form to apply to the foreign authorities for a maintenance order.

Hope that helps.

LadySybildeChocolate · 18/08/2012 23:23

Thank you. I've been in touch with the CSA, they said they can't deal with this as he's not in the UK. I think it's a REMO 8 then, as there's no court order in place here but I'll fill both in. He's in the Irish Republic. Do you know if there's a court fee for this?

I'm really grateful. Thank you Smile

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