If you are the “receptive party” and your former spouse is not paying you the right support, there are ways to enforce the order, that is, to force them to pay you. If your ex-spouse has income or assets outside England and Wales, it may be advisable to apply for an English financial order in a foreign country, i.e. to ask the foreign court to recognize the English injunction and to use its powers to ensure that you receive the amounts of support due to you. Some countries, including many Middle Eastern/Sharia countries, have little or no mutual agreement with the English courts, and there may be particular difficulties in enforcing English orders in those countries. The possibility of complications in enforcement procedures underscores the importance of carefully considering, from the outset, the jurisdiction within which divorce and financial procedures are adopted, so that the necessary safeguards can be provided to maximize the likelihood that a support order will be complete, regardless of the payer`s country of residence. We also have many contacts with private investigators who can help find the parent and/or property of the non-resident parent. The CMS must cancel a child support calculation if the non-resident parent, the caregiver or the authorized child reside longer in the UK. In this case, the courts may issue, amend or reinstate a support decision. A support order is when the person with higher incomes is ordered by a court to provide regular support to help pay the other person`s cost of living. REMO represents Reciprocal Enforcement of Maintenance Orders. A country that has supported REMO can enforce another country`s food order. A “REMO” can also be used for the foreign income of a non-resident parent with his or her usual residence in the United Kingdom. The United Kingdom has REMO agreements with more than 100 countries.
This means that the English courts may be able to impose a provision made in another country. The Northern Ireland Courts and Tribunals Service handles all REMO applications between Northern Ireland and countries outside the UK. I could not afford a lawyer who went beyond the first application. Mistakes and errors continued and I tried to deal with them myself. Although some employees seemed useful at first, it is often impossible to get over the phone today, and when I succeeded, I was often confronted with someone who misspelled our names and even confused one country for another. I once went to the U.K. court to find that they had not received an update from the REMO unit for several months and that they had assumed that the case was closed, even though I knew that a court in the other country was in the process of proceeding in my case. I referred this matter to the REMO unit and was assured that the British court had been informed. When I asked them to give me the correspondence data, they admitted that in fact they had not sent anything, whereas they would do so “today”, apparently. Some orders may be requested in England even if the child lives with his parents living abroad.
The introduction of Regulation (EC) No. 4/2009 of the Council, better known as the `maintenance regulation`, has streamlined the procedure for recognising financial orders between most EU Member States, although parties wishing to enforce orders from the UK or Denmark in another Member State normally still need to obtain a “statement of enforceable force” before the foreign court before the UK`s decision is recognised.