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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33297
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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I got an order from the Court in France where I lived with

Customer Question

Hello, I got an order from the Court in France where I lived with my ex-wife before she moved to UK to pay an alimony for our son GBP 1.200/month. In the meantime I got married and have two more small kids and my financial situation has dramatidfly changed and I am not able to fulfill my obligations any more. I don't live in UK but my son with his mother does and I wonder whom to contact in order to obtain information about procedure?
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Submitted: 2 months ago.
Category: Family Law
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

I am afraid that this is a matter that you can only deal with in the French Courts.

If you lived in the UK as well then you could use the Child Maintenance Service, but since you do not there is no other action that you can take.

I am sorry

Please ask if you need further details

Customer: replied 2 months ago.
It is not true because it is about my son who lives in UK already 5 years and alimony is link to place/country where he and not his mother i.e. my ex wife lives. But she also lives in UK...I already talked to French solicitier as well as Czech as my son holds Czech citizenship as well as me, my self I live in Czech Republic and both lawyers advised me to talk to lawyer in UK.
Expert:  Clare replied 2 months ago.

I am sorry - I thought you said that you already had an Order in France that you were paying under - is that not the case?

Customer: replied 2 months ago.
indeed, It is true that three years ago I got an order by Court In France where we lived before with my ex-family but as mentioned In my previous message in meantime I got married and got two more kids and my older son moved with his mother 5 years ago to London.
Expert:  Clare replied 2 months ago.

I understand that but there is an existing court order which you are paying.

The Uk court will see no reason to make a new Order just because the child lives here - they will say that the French Order should ocntinue

Customer: replied 2 months ago.
As mentioned in my previous email I talked to my lawyer in France where we lived and left country 5 years ago as well as in Czech republic where we all have citizenship i.e. me, my son as well as my ex-wife. They both told me according to EU law alimony and any eventual action would be taken in place where my son lives at least more than a year which is UK and London. he has been living there since 2011. I need to have an advise how to proceed with my request or simply hire a lawyer to do all paper work.
Expert:  Clare replied 2 months ago.

I am sorry but you have been given the wrong information.

There is already an Order dealing with maintenance in place.

That Order is enforceable in the Uk

There is no application that YOU can make in the UK.

Your only option is to stop the current payments and see what action your ex choses to take

She can either apply to enforce the French Order OR she can make a fresh application.

The choice is hers and not your I am afraid

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