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Anyone with experience of CMS when paying parent moves to america??

19 replies

CMSnightmare · 04/12/2021 08:12

Dc dad has no contact (court ordered) he owes me thousands it transpired earlier this year as CMS hadn’t been doing their job properly. Have had mandatory reconsideration in my favour, he refused and asked for second reconsideration, again came back in my favour. He has appealed it. He text me now telling me he is moving to America. Says he ‘hopes to get a job in due course’. He was abusive, doesn’t see why he should ‘pay’ for my life style, the usual crap. So how does this work with the CMS and any future payments?? I was going to go through collect and pay in January as he hasn’t been paying the , much higher, amount CMS says he has to pay. I was waiting for January as you have to have at least a month of no money whilst they set it up. Any advice?? I will ring them Monday. He is a very high earner

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singlemummanurse · 04/12/2021 08:40

As you have a cms order already when he moves to America you get it moved to the REMO office. Basically all countries signed up to the Hague convention are signed up to REMO so they will send the info to the relevant child support agency in the country he is in and they will enforce the order where he is. I would however not count on that money as he will probably play the same dodge the child support payments he does now.

Collaborate · 04/12/2021 08:57

Not come across the procedure professionally but I think you have to apply for REMO yourself. It doesn't happen for you.

CMSnightmare · 04/12/2021 10:45

Thanks for replying. I did Google but everything quite vague. I read the remo thing, I’m presuming this is going to be even harder to get money?

He has actually been paying, just a fraction of what he is supposed to have done and looks like he is now saying he won’t be paying anything despite social media saying he already works out there so clearly he is keeping his job (works for a big company) just transferring? How does it work in America? Here we have the hmrc so correct wages all get documented, any ideas what happens over there??

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JustAnotherLawyer2 · 04/12/2021 11:34

REMO is the correct route. You need to first get your CMS payment turned into a court order. That court order is then sent to whichever state in the US he resides in and the courts there enforce it.

If he thinks he will escape payment by being in America, he has another think coming. Their enforcement is swifter than in the UK (where the CMS doesn't ever really bite, even though it has the power to). Non payment of maintenance enforced by a US court (which is what REMO does - enforces the order) will be subject to the same penalties as if that court had ordered the payment itself.

E.g. in NY State, they can take his driving licence, take his tax refunds, seize bank accounts/savings, refer to credit agencies (damaging credit), referral to tax office for seizure of assets, denial of business and professional licences (you don't mention his job, but if it needs licences and or relates to finance, these things will be extremely damaging for him); those are just admin enforcements.

When it comes to the enforcement being made by the court, the sanctions are more serious: money judgments, liens, up to three years deposit of maintenance, arrest and prison, because in NY wilful failure to pay child support is a crime.

Different states work differently, so not all will offer the same sanctions - so it will depend on which state he is in. But ultimately, he won't get away with it in the same way as he currently is.

BorsetshireBanality · 04/12/2021 11:43

Not a legal person, but I would let the US IRS know he's working there (I've heard they are rottweilers - just an email with some social media screenshots that he's working there, who he is working for plus his details should be a start), just to keep him on his regards tax and visa/immigration-wise, and definitely look into claiming by REMO.

In general, people in the States look down on "dead-beat" dads who don't financially support their children, and the relevant agencies aren't toothless like the CMS here, so its worth doing.

BorsetshireBanality · 04/12/2021 11:45

...keep him on his toes regards

VimFuego101 · 04/12/2021 11:50

You can't just move to America and 'get a job in due course' because you fancy it. You need a visa - either through marrying an American, being sponsored by an employer or investing a huge sum of money in a US company. Do you think he's telling the truth?

CMSnightmare · 05/12/2021 10:06

Sorry, thanks al for replying I really appreciate it, had a manic day yesterday. So he has got remarried, I ‘think’ his wife is English although I can’t be sure I guess. They have been living here. In social media he has works in London/New York…. I’m not saying what company he works for due to potential outing but it’s a big American company. His linked in says NYC… he told me he will be moving by the end of the year. No he isn’t telling the truth ‘hopes to get a job in due course’ no way. He is very materialistic and money orientated. The way I see it he has taken the job in New York himself and she happens to obviously be going with him. He would never ever not be earning money.

@JustAnotherLawyer2 thanks so much for all that info. So CMS are going to say to me that they can’t do any of this I’m guessing? So how do I go about getting a court order for child maintenance? I don’t have any forwarding information about him at all…. So how does that work? All I have is an email address, a me.com email address, he says his mobile number won’t work when he moves… so how would that all work with no information about him?

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CMSnightmare · 05/12/2021 10:13

@BorsetshireBanality I didn’t even know what that is Blush I’m guessing the equivalent of hmrc?

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BorsetshireBanality · 05/12/2021 11:07

Internal Revenue Service, yes like the HMRC but tougher!

CMSnightmare · 05/12/2021 11:27

@BorsetshireBanality thanks, I have no information on him though, just his name and date of birth, I’m not sure how I would get anywhere?

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BorsetshireBanality · 05/12/2021 12:36

Just leaving these here...

reporting an immigration violation

international child support

reporting suspected tax fraud activity

CMSnightmare · 06/12/2021 12:15

Thanks @BorsetshireBanality rang CMS and they were no help, they just said their case will close!!

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BorsetshireBanality · 06/12/2021 17:08

CMS - useless **@@!!
Contact them and tell them they need to get him to pay the outstanding amount and keep the case open until he actually confirms that he has emigrated!

CMSnightmare · 06/12/2021 17:31

@BorsetshireBanality they said it stays open but when he informs them he has left the country they close their case! He owes me over £10k!!!! Hence why I am determined to do something about him
Moving to America and implying he won’t pay anything!

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nancybotwinbloom · 06/12/2021 20:40

Write to his HR department. Fuck him. Even if it doesn't get your money let them know what type of person they have employed. Twat.

Are you sure your not with my ex? He owes my DD £10 and did the old I'm emigrating and never coming back. He did come back he just span all the lies to get the CMS case closed. Which thankfully they didn't.

ToughTittyWhompus · 06/12/2021 20:41

Ahahaha if he thinks the Americans are as unbothered about deadbeats not providing financially as the UK are, he’s got a fucking shock coming Grin

CMSnightmare · 06/12/2021 20:51

I really hope this is the case… CMS haven’t filled me with much hope. I found on gov website I need to write to this address is London to get a form to fill out regarding remo thing… but I just have naff all info to give. It will just be his full name and date of birth.

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nancybotwinbloom · 06/12/2021 21:00

Can you add an attachment to the form with his employer.

The details and ref numbers of your current CMS case?

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