REMO for child support between Australia and UK?

My question is regarding enforcement of child support payments.
Relevant facts:
On divorce in Scotland I have a Minute of Agreement setting child support rates. My ex husband has broken the agreement by stopping payment after 6 months. The agreement sets out that the CSA steps in if we cannot agree on child support rates. Sheriff's are chasing arrears.
My ex husband lives in Glasgow and I & children live in Australia.
Question:
Is the child support rate set by the UK CSA or Australian CSA? Which nations "rules" apply?
Can the UK CSA enforce payment even though the children now reside in Australia?
Does the UK CSA have the same power to enforce payment while we live in Australia as it would if we lived in the UK?

1. The rate should still be relevant being the UK CSA rates. Be aware that he might be entitled to deductions in order to cover the cost of contact as I presume the move to Australia is new (post divorce and minute of agreement, but let us know if that is not the case.).

2. UK rules apply, because the divorce/ financial settlement was granted under Scottish Law.

3. No. UK CSA have no jurisdiction as the children are out of the country (being UK I believe, not just out of Scotland.)

4. Neither UK nor Australian CSA has any power in this case in the normal sense. It is a REMO matter and that is where you need to turn.

I'm not sure why REMO should become involved if the sheriff is already pursuing arrears. Is the Separation Agreement unclear about the amount payable or is this a hypothetical question?


In Scotland when an amount for child maintenance is agreed in a separation agreement it is enforceable like any other debt. Usually it is open to either party to apply to the CSA in the UK one year after the date of the agreement if there is disagreement about changing the amount and then the court order ceases to have any effect. Hence the clause referring to the CSA in your agreement.

However the CSA here has no jurisdiction when one parent lives abroad, the courts do and they can make an order to set/vary child maintenance. The Australian authorities have no powers to compel a UK resident to pay support.

Although CSA rates may be a reference point when courts set child maintenance regard has to be given to the factors in s4 Family Law (Scotland) Act 1985 - namely the needs, resources of the child and both parents, the earning capacity of both parents and generally to all the circumstances of the case. This means the outcome can be significantly more or less than CSA rates.