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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex wife lives in the USA, Florida with her new American

Resolved Question:

My ex wife lives in the USA, Florida with her new American husband. We agreed verbally that I would put maintenance away for my son in a bank in this country an pay for his return trip over to the uk. She has now just sent me a copy of our divorce court order (uk)which states I will periodically pay a month £320 or a sum via the csa approved by their calculator. She states that the court order although made in the uk 2005 is still applicable to me paying even though she now lives in the USA. Is this correct? I thought uk was England and Wales, can she enforce this from USA without seeking advice from the us authorities ?
We agreed all this prior to her leaving and now she is moving the goal posts , where do I stand?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years 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.
When did she move and was that agreement recorded anywhere?
Clare
Customer: replied 3 years ago.
She initially moved to the USA in August 2012 and this is when this agreement was made. She was happy with this arrangement for 1 year and then I paid for my sons flight back to the UK in August 2013. On this occasion they returned as a family in order for her to give birth to their new child in the UK as she could not afford to do this in America. As soon as my son was back in this country I began paying maintenance every month again as per our agreement. She told me that she was returning for 2 years & I was happy to pay maintenance directly to her for my son whilst he was here and then again return to the agreement if they should return to the USA. They only stayed for 6 months and have just returned to the USA at the end of January 2014 and now she is out of the UK she has sent the copy of the court order.
Unfortunately this agreement was not written down/ recorded it was just a verbal agreement which I have honoured completely.
Mark
Expert:  Clare replied 3 years ago.
Hi
How old is your son?
Clare
Customer: replied 3 years ago.
He will be 10 in April. I have paid maintenance since he was 9 months old via csa calculator.
Expert:  Clare replied 3 years ago.
Hi
To be clear
You gave permission for the move to the US on this basis.
They then returned but said they were staying for two years - then after six months they went back.
Did you agree to that second move?
Clare
Customer: replied 3 years ago.
She didn't really give us that option - she just said they had to move back as her new husband who is American could not get granted permission to stay in the UK due to the new immigration laws. We did not fight this due to believing the maintenance agreement would remain in place and also as we did not want to put undue pressure on my son's life by splitting them up.
She has now brought up this court order since they've left. If she had said this prior to leaving I would not necessarily have given my permission as we won't be able to pay this and afford his flights to and from the uk all the time & we don't believe she will pay these herself so then I will not be able to see my son.
Expert:  Clare replied 3 years ago.
Hi
Excellent
As a starting point write back and simply remind her that your permission for the move was dependent on the financial arrangement that had been reached and that of she is no longer willing to agree to that then you will have to consider making an application for the return of the child to the UK
In all honesty it is something of an empty threat given the history - but it buys you thinking time
You have two options.
You can wait for her to apply to enforce the order and apply to vary it then - or you
can make an immediate application to the court to vary the existing Order to a nominal Order that reflects the arrangement that was met - you need a Form A available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
and the fee is £240
In addition if you act swiftly you can apply to the court here is the Uk for a Defined Contact Order to ensure the future contact - and deal with who pays for the travel costs
I hope that this is of assistance - please ask if you need further details
Clare
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