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ex taking early retirement

mumof5
Posted by
Platinum Member

16 Mar 15 #458081 by mumof5

Topic started by mumof5

Good evening.
I''ve not been on as things were going OK but now have a problem.
The ex has bought a detached home with spacious grounds and will soon have his private pension put into place.
Daughter is 14 so Maintance should still be paid so my problem is he''s moving to another country where his new wife and child are and he has no intention of paying for our youngest daughter.
Where do I go for help?
Its a UK final salary pension.
Daughter is staying on at school till 18 then doing an army prep course at collage.
I work part time just now but not for much longer as I''m am now disabled..I''m worrying myself sick about all this.thank you for any help..this is Scottish law

WYSPECIAL
Moderator

17 Mar 15 #458104 by WYSPECIAL

Reply from WYSPECIAL

Pension income is counted for child support purposes.

Why do you think he is moving abroad if he has just bought a detached house with spacious grounds? Where is he moving to?

mumof5
Posted by
Platinum Member

17 Mar 15 #458108 by mumof5

Reply from mumof5

Morning.
The house he''s bought is in Gambia,plastered all over fb..I know its a remo country. He''s never wanted to pay Maintance to start with..it took me 8 years to get Maintance and that was after 4 of my children became adults

Child Maintenance Options
Moderator

17 Mar 15 #458137 by Child Maintenance Options

Reply from Child Maintenance Options

Hello mumof5

As your ex is moving to Gambia, he will be outside of the child maintenance Service’s jurisdiction.

However, as you mentioned, there is a Reciprocal Enforcement of Maintenance Order (REMO) agreement between the two governments of Gambia and the UK. This may be an option for you to consider.

The REMO Unit helps to register and enforce child maintenance orders internationally. You can find out more at www.gov.uk/remo-unit-helpline.

Another option available is the family-based arrangement, which is an agreement between the two parents without the involvement of the Government or the legal system.

While your ex is still in the UK, you can still apply to the Child Maintenance Service for a statutory maintenance arrangement. Whether you choose to do this is probably based upon how long he will remain in the UK for, of course.

You can contact Child Maintenance Options directly for a further information and a more personalised service, www.cmoptions.org.

The Department for Work and Pensions (DWP) have a web application, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is www.wikivorce.com/divorce/Sorting-Out-Separation.html.

Regards

William

Fiona
Platinum Member

17 Mar 15 #458182 by Fiona

Reply from Fiona

In Scotland you may be eligible for legal aid if you are on a low income and you would be well advised to consult a family solicitor ASAP before your ex moves. As William said above if your ex moves to Gambia the CSA/CMS may have no jurisdiction and the REMO unit can help with the registering of an order and enforcement. However there first needs to be an order/agreement for child maintenance to register/enforce and it would be easier if something was in place before your ex leaves the country. If you aren''t eligible for legal aid there is provision in Scotland for children from the age of 12 to apply for child maintenance in their own right.

When there is a history of the payer of child maintenance avoiding their obligations a court may impose a lien on some assets held in the UK as insurance so they cannot be moved abroad, particularly if there are no REMO arrangements or the foreign country has a poor record with complying with REMO procedures. The other thing of course is it might be possible to enforce payments in the UK if the pension pays income here. Once you know where you stand and what options there are in your particular circumstances you can make an informed decision how to proceed.

Hope that helps.

mumof5
Posted by
Platinum Member

17 Mar 15 #458202 by mumof5

Reply from mumof5

William
Thank you for your reply,unfortunately I will not be able to come to an agreement with my ex.he has a history of not paying.it took 8 years to force him to pay Maintance and I had brought up 5 children on my own with not a penny from him...Finally in 2009 the CSA decided to do a DEO and that is the only way I receive any Maintance for our youngest child...

Fiona
Thank you for your reply..
I''m assuming that I need to apply for a Maintance order in Scotland as that''s where my divorce went through although my daughter and I now live in England and we have did so for 7 years now..my ex still lives in Scotland..

Fiona
Platinum Member

17 Mar 15 #458204 by Fiona

Reply from Fiona

Oh heck, that makes it a bit more complicated. Was child maintenance included in a Separation Agreement settling the finances on divorce?

Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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