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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My wife and I have been together years, she has

Customer Question

Hello, my wife and I have been together for 12 years, she has two children from a previous marriage, which was dissolved in 2006 in the Czech Republic. My wife is Czech, I am American, and we live in Spain. The biological father, who is American and who until recently lived in Romania but is now starting a new job in the UK, stopped paying child support in 2006, and only recently paid 3 months of support. Despite repeated attempts on behalf of my wife to amicably collect the child support, she has had no luck and he now has effectively disappeared. We would like to enforce the court order from the Czech court and collect the €62,000 in back child support owed to her, but we have no idea how to start this process since the CSA in the UK will not help since we don't reside in the UK currently. Can you tell me how we can 1. find him, 2. begin to collect this money owed, 3. file charges against him for the delinquency? Thanks! Jordan W.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Does your wife have a Court Order for maintenance - if so from which country?
Clare
Customer: replied 1 year ago.
Hi Clare, Thank you for your quick response. Yes, she has a Court Order for maintenance from the Czech Republic. That is where the divorce was finalised and child maintenance was set in Sept 2005.
Expert:  Clare replied 1 year ago.
Hi
Then she will need to invoke the Reciprocal arrangements in place between the countries to have the Order enforced in the Uk (this is not a matter for the CSA)
The request has to come form the Country which made the Order and you can read more here
https://www.gov.uk/child-maintenance-if-one-parent-lives-abroad/paying-parent-lives-abroad
I hope that this is helpful
Please ask if you need further details
Clare
Customer: replied 1 year ago.
Thanks for that, even though we live in Spain now, it needs to come from the country which made the order? (IE. Czech Rep)? Also, is there any way we will be able to find him in the UK? He's gone dark...
Expert:  Clare replied 1 year ago.
Yes I am afraid you have to go via the Czech courtsYou may have to use an enquiry agent to trace her ex
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok that's totally fine. Thank you very much for your help!
Expert:  Clare replied 1 year ago.
You are most welcome - I hope all goes well
Customer: replied 1 year ago.
Sorry Clare, I have one more follow on question after reviewing the link you showed me. There it says that we need to file in the country where we live. Hopefully that's not the case, because we filed in the ministry of justice here in Spain in July and it's gone into a complete black hole...
Expert:  Clare replied 1 year ago.
Hi
That assumes that you are living in the country that made the Order - it is the court is the country where the Order was made that processes the next step
Clare
Customer: replied 1 year ago.
Thank you Clare! :)
Expert:  Clare replied 1 year ago.
You are most welcome - I hope all goes well

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