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Child support to South Africa

  • brownste01
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12 Jul 13 #400886 by brownste01
Topic started by brownste01
Hello.
I am divorced and my ex wife moved to South Africa with my son. I pay regular child maintenance to an account in UK as agreed when she left. She has requested a massive increase in maintenance. Do the south african courts have jurisdiction in UK to enforce this request? How do I fight it as I have to travel twice a year to SA to see my son. Thanks.

  • NoWhereToTurnl
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12 Jul 13 #400901 by NoWhereToTurnl
Reply from NoWhereToTurnl
Hi and welcome to wiki,

South Africa is a reciprocal country when it comes to child maintenances orders made in the UK.

This link will give you more information, also if you put remo in South Africa into the popular g search engine you will find more.

www.nidirect.gov.uk/reciprocal-enforceme...f-maintenance-orders

Best wishes,

NWTT.

  • Fiona
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13 Jul 13 #400957 by Fiona
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You really need specialist legal advice about your own particular circumstances.

When there was a child maintenance agreement included in a court or order my understanding is your ex-wife could apply to vary the order either in the UK or SA as that is where the child now lives. Unless circumstances have changed though a court in a country signed up to REMO could make an order in the same or similar terms as the existing order.

If circumstances have changed it may be worth trying to negotiate and agree a variation rather than going through the courts.

  • Child Maintenance Options
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19 Jul 13 #401510 by Child Maintenance Options
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Hi Brownste01

Thank you for your post. I am William, the Child Maintenance Options consultant. I will provide you with some information that may help answer your questions around child maintenance.

If you and your wife have a court order in place for child maintenance, your wife can approach the South African equivalent of a county court. If child maintenance is paid privately via a family-based arrangement, your wife can apply for a court order for child maintenance to be made. This may then be enforced by Reciprocal Enforcement of Maintenance Orders (REMO). This is an agreement that is set up via the British Government, with other countries, to enable child maintenance to be paid when parents are living in separate countries. You can find more information about REMO, including the list of participating countries by visiting the REMO section of the Official Solicitor Public Trustee (www.justice.gov.uk/protecting-the-vulnerable/official-solicitor). As Fiona mentioned, you may also wish to seek legal advice regarding this matter.

With regards to negotiating an agreeable amount of child maintenance, if you have a family-based arrangement in place, both of you have the flexibility to decide how much child maintenance will be paid without the cost of using the court.

A family-based arrangement is simply an agreement between you and your ex-wife and is about how your son will be provided for. Your arrangement does not need to be all about money, both of you have the flexibility to negotiate the cost of travel into your agreement. A family-based arrangement is not legally enforceable, although many parents do prefer this type of arrangement because it is very flexible and can easily be reviewed if you or your ex-wife''s circumstances change.

To help you come to an agreement on how much child maintenance will be paid, we have a number of tools that you may find useful. We have discussion guide that you can use to plan your conversation with your ex-wife. We also have a family-based arrangement form that is not a legally-binding document, but it can help to formalise your arrangement when used to write down what you have agreed. You can gain access to all our tools, forms and guides by visiting our website at www.cmoptions.org/en/toolbox

For more information about family-based arrangements, please visit our website at www.cmoptions.org. Alternatively, please call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on a Saturday. We also have a Sorting Out Separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.wikivorce.com/divorce/Sorting-Out-Separation.html

  • Dexie
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24 Apr 14 #431201 by Dexie
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Hi

My ex husband and I were married in South Africa, divorced and he relocated back to the UK. We have a maintenance agreement in place. However he has never increased it by % as agreed in our settlement (its been 6 years) And now for the last 3 years since relocating he is now paying half of what he should and sometimes nothing at all. Is there anything I can do? The courts here in South Africa are very reluctant to help me! I have three teenage daughters and I pay for EVERYTHING, schooling, housing, clothing etc...

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