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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex husband is living in France, we were divorced in France,he

Customer Question

my ex husband is living in France, we were divorced in France,he works as a pilot for virgin atlantic airways operating out of heathrow airport. I am having a problem with my child maintenance, I have already sent the bailiffs to his house and went through a french lawyer.
It cost me a 1000 euros, he paid what he owed but now he has not paid the child maintain for two months. Is there a way that it can be taken out of his salary? normally in France this would be the case but as he is employed in England my lawyer in France said that she can't do anything. It seems to be unfair that I am spending money trying to get the money owed to me for my child .
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
Has your lawyer looked at the Reciprocal Enforcement rules?
Clare
Customer: replied 2 years ago.

HI CLARE,

MY DAUGHTER AND I ARE NOW LIVING IN ENGLAND, HE WAS ORDERED TO PAY ME 500 EUROS A MONTH FOR MY CHILD, SHE IS THE YOUNGEST OF MY FOUR CHILDREN. I AM A SINGLE MOTHER TRYING TO START A BUSINESS HERE TO SUPPORT HER AND IT SEEMS UNJUST THAT I HAVE TO SPEND MONEY TO TRY TO GET MONEY THAT HE WAS ORDERED BY THE JUDGE TO PAY.

I HAVE JUST SPENT 1000 EUROS TO GET THE MONEY HE OWED. NOW WE ARE BACK TO SQUARE ON AGAIN AS THE LAST TWO MONTHS HE HAS NOT PAID, AND WILL PAY AS SOON AS I SEND A LEGAL DEMAND FOR PAYMENT, I WANT TO FIND A WAY THAT IT IS NOT GOING TO COST ME EVERY TIME HE DOES'T PAY. IS THERE A WAY THAT I CAN DO THIS FROM ENGLAND , IS IT GOING TO BE MORE COSTLY FROM HERE? EVERY TIME I SPEAK TO MY FRENCH LAWYER IT COSTS ME MONEY . AS THIS IS OBVIOUSLY GOING TO BE A LONG TERM PROBLEM I NEED TO FIND A LONG TERM SOLUTION OTHER WISE IT IS NOT GOING TO BE WORTH FIGHTING IT WHICH IS PROBABLY WHAT HE IS COUNTING ON!

Expert:  Clare replied 2 years ago.
Hi
How much does he earn?
Clare
Customer: replied 2 years ago.
Hi Clare
I have no idea, but he is a senior first officer for Virgin Atlantic . He has been a pilot with VA for approx 20years. He is 54 years old.
Expert:  Clare replied 2 years ago.
Hi
You have two possible options.
You can ask your French Solicitor to start the process that will allow the French Order to be enforced here in the Uk
Some basic details here
https://www.gov.uk/remo-unit-helpline
The applictaion has to be made in France and then passed on to the uk.
Alternatively you can apply to the CMS for an assessment - you will receive 16% of his gross income and they can enforce this if necessary
I hope that this is of assistance- please ask if you need further details
Clare