Has anyone done the REMO route for child maintenance?

[Legaldispair]

So my ex husband is suppose to pay child maintenance, paid the minimum for a few years and last year I noticed CMS were using old information to work out what he should pay me as his salary had trebled and they have never recalculated, to cut a long story short I have a hearing soon about this as he continued to dispute it and HE took it to tribunal. THEN on top of that he moved to New York… has always threatened it, and has paid nothing for a year as he ‘doesn’t know what he is supposed to pay as there are no rules’ due to the fact him and myself are both UK citizens. Not even paying a contribution amount and not even bothering to look into it so I have had no choice but to go down the REMO route. Those papers have only just gone off to then as it took 6 months just to get these papers (CMS were dicking around in the mean time and not helping with this) so he owes me aLOT of money in under payments which I know America won’t be interested in and he hasn’t paid me for a year… has anyone actually had any success with the Remo route? I’m slowly running out of any positivity. I can’t afford legal help so I’m on my own.

can anyone share this experiences with me please? Anything I need to know that they don’t tell you etc?

Bumping

I don't know the full ins and outs of how this works but what I do know is that CMS only has jurisdiction over people living and working in the UK. So with your ex in New York, this is nothing to do with CMS anymore.

The courts don't normally have jurisdiction over child maintenance for more than one year after divorce but they do have jurisdiction when a parent either earns a shedload (I can't remember the thresholds) or lives abroad. So unfortunately I don't think your ex owes you a bean at the moment but - and it's a big but - you can now go to the court to ger court ordered child maintenance if he doesn't agree to pay you. That order could well be more than the CMS calculated amount, or it could be less, but it's a judge's decision. I suspect they use CMS as a rough guide. Once you have a court order, you can take it to REMO to enforce if he doesn't pay it.

REMO isn't just set up for child maintenance. It's part of a bigger international arrangement so that people can't just flee a variety of courts order by moving to another country (unless they go to Russia, Japan, the UAE and a handful of other countries and states!).

But anyway, you need a court order first. Before that, there is nothing for REMO to enforce.

So, I just took a look and apparently you might be able to go directly to REMO. They route it to New York, and the state applies the maintenance based on their local laws.

Your ex will be delighted to know child support in New York is higher than the UK. He will pay 17% for one child, 25% for two, 29% for three and 31% for four or more children.

Thanks for replying. I was aware of that, I have jyst sent off all the paperwork to go straight to Remo. I’m wanting to know if anyone has actually had success. I’m really struggling without the maintenance.

If the uk could have no jurisdiction now he’s in USA (which I know cms have no authority over) why am I going to a hearing in the uk then regarding under payments of cms from the last few years? He disputed the amount that cms said he now had to go and when they worked out the amount he owes me, he numerous times sent it to a mandatory reconsideration and each time cms said they weren’t changing their mind as they were correct (they were correct as they used hmrc figures) and HE then requested it went to tribunal (this was maybe 7/8 months ago before he moved to USA). So they know he has gone…. It’s in the appeal bundle that he has moved, so why are we going to a hearing where u was told but the administration office that the judge makes a decision on the day?

I would assume the tribunal is for what he owes so if he comes back they can slap him with it

REMO isn't just set up for child maintenance

Yes it is. The clue is in the name - Reciprocal Enforcement of Maintenance Orders.

You need a UK order because REMO is just a scheme to enforce maintenance orders between countries. You get an order in the UK, then give the order to REMO office in the UK, REMO send it to USA in your case, USA enforces the order. The amount on the order doesn't really matter as the US will determine the amount according to their own child maintenance rules not the UK rules. As you have alredy have a CMS calculation, you can use it instead of an order.

Thanks I’m ok I guess with the Remo side of things as that is now in their hands, iv sent all the paperwork off. What I don’t understand is I’m told that cms have no jurisdiction over this underpayment as he now obviously doesn’t pay tax in the uk anymore so they wash their hands…. So if if he doesn't live here (for now, no doubt will come back once kids are adults I’m pretty sure as he put on social media he is only away a couple of years and thinks I didn’t see it) why are we having this hearing and for a judge to ‘decide’ if the uk have no jurisdiction? Is this just pen pushing excercise as they have to do the hearing because he is disputing what he owes or is there any chance I might get something from it?

The hearing is for the arrears until he left the UK. You can win but neither the CMS nor the USA will chase him. You will have to go through the normal court order, CCJ, bailiffs, etc.

Does he still have a property in the UK?

@RandomMess no idea, I don’t think so

@taxpayer1 you mean through Remo process? That is what is currently being done, I have two separate applications for them… I have also signed what I needs to sign for them to collect on my behalf..

Which includes spousal maintenance, for example.

Also, it's part of a wider set of international agreements to enforce court orders.

@Legaldispair Similar situation here. I have applied through REMO, which replied pretty soon, but once the process was sent from London to the other country, no update... it is a waiting game, where the only thing we can do it hope that REMO will do what they are meant to do. I have no idea how long it takes, and I have never found any discussion forum where a positive outcome was achieved. So I can only hope. I will post here if/when my process goes trough. Let us know how yours go.

@Okapimum thanka for replying. I’m not holding my breath. I really am struggling financially, really hard surviving on just my wage. If he didn’t earn a lot I wouldn’t bother but was eating over £220k when he left the UK!

Why don't you concentrate on increasing your own earning potential? If he moved to New York to avoid maintenance, why is stopping him to move again if they ever catch up with him?

REMO is able to enforce spousal maintenance if it is part of the Consent Order. I had this in my Consent Order, which REMO enforced.

At the moment, the business units which deal with REMO cases are going through a restructure. They have closed down the Greater London business unit and the one in Wales in the last 6 months. All cases for England and Wales are now being processed in Bury St. Edmunds and they are actively recruiting staff. So, at the moment, the application can take up to 3 months to be processed.

It is one problem of the REMO process that, after your application has been sent to the country where your ex is residing, you are left in the dark about what is happening with your application. According to a senior officer that I spoke to recently, it will probably take 6 months to get a reply.

Note that REMO is only a 'handling agent'. This means that they are not pro-active in your case, they are only there to check that your documents are legally compliant and to act as a conduit between your ex's country and the UK (you).

Also, remember that as your ex does not want to pay child maintenance, he is going to try as hard as possible to continue not to pay. I know that some states in the US put people in prison if they do not pay child maintenance.

As the other contributor mentioned, I would focus on creating extra income yourself.

I have succeeded in getting child maintenance from my ex, but it took years. 18,000 people have currently applied for this service and it does work, but very slowly and not for everyone, unfortunately. If your ex moves, you can put in another REMO application to the country where he resides, providing REMO has an agreement with that country

My ex owed me two years worth of maintenance payments, but these were clawed back through REMO. He wasn't living in the UK at the time, so I never went through CMS, only through REMO.

I already work 50 hours a week and have 2 kids with SN so not very helpful to suggest I should increase my earnings, do you not think I have done everything I can to try to do that? He was abusive and I was left with debt that he racked up in my name. I’m hardly sat on my arse watching day time tv whilst complaining about it.

@Sunchi thank you I did not know this. Mine definitely went to bury st Edmunds. Who do you chase once the paperwork has gone to them? Do they give you a phone number?

I was trying to give you some perspective. You have to be prepared for a long wait and for the distinct possibility that he will move again so the process has to start again.

I know full well he will move again just to spite me, but I’m not giving up without a fight hence why I’m desperately searching for some advise or someone who has been through the process so I don’t miss something. As pp said, there’s nothing out there.

@Legaldispair Yes, they do have a telephone number.

Contact the Maintenance Enforcement Business Centre (MEBC)
When you contact the MEBC tell them your:
full name
email address
telephone number
case reference number, if you have one
If you’re applying for the first time, you’ll also need to tell them:
the country you live in
the country the other parent lives in
Maintenance Enforcement Business Centre
Triton House
St Andrews Street North
Bury St Edmunds
Suffolk
IP33 1TR
[email protected]
Telephone: 020 3831 7386
Monday to Friday, 9am to 4pm
Find out about call charges

REMO Tel number

@Sunchi ok thanks I misunderstood I think . I have that information, although they are kind on that number they don’t/can’t give any advice. When I have spoken to them it’s always see a solicitor. All my paper work has gone now anyway to bury at edmunds so nothing more I can do.

@Legaldispair yes, the staff at REMO are not legally qualified, so would not be able to answer any questions of law. If you want some legal advice with regards to child maintenance, the SPSAS (Single Parent Support and Advice Service) Facebook group have individuals who give free legal advice. I would recommend joining that group.