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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33549
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a child in mexico from a one night stand. There was

Customer Question

I have a child in mexico from a one night stand. There was an arranged amount of child support which was reasonable but she had two very good lawyers who appealed and manipulated the system in mexico as it is corrupt. They had the whole thing overturned and she was awarded 30 percent of my income plus all her legal fees and retro for six years as this is how long things took. I have a wife that I had met 4 months after this one foolish night and we now have a three year old and the court ignored this. My wife, so n and I decided to return to the UK where I'm from. I had made a few monthly payments of the original amount that I deemed fair. I stopped while seeking employment in UK and now I will start again as I just found work. They have filed an abandonment suit which is classed as criminal in Mexico. Her lawyers are connected legally over there and she had planned the whole thing as she is a director of a hospital in pediatrics and was 39 at the time. I was still willing to pay the local fair rate but they saw I made good money and wanted the cash grab. My question is, can they affect me now that I am safely back in a first world country(England) and I am about to start paying about 200 pounds a month which was the original order before they had it all flipped upside down?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.Your ex can apply through the Mexican Courts to use the Reciprocal Enforcement of Maintenance Orders system and enforce the Order in the UK through the UK courts.However you need to be aware that the Uk courts have no power to vary the actual maintenance Order - but they can assess how much you can actually afford to pay and only enforce that amount BUT it means that arrears will accrue every month if the full amount is not paid - and the period you pay for will then be much longer.I hope that this is of assistance - please ask if you need further detailsClare
Clare, Solicitor
Category: Law
Satisfied Customers: 33549
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you. I wanted to understand that the balance you referred to would be as an example that if the UK told me 15 percent was correct in the UK but they ordered 30 Per Cent so I would still owe the extra 15 Percent and just have the time im paying extended and therefore they are still getting what they were awarded in Mexico even though in the UK that would have never been awarded? Also I am pleased that I am not at risk of being sent to Mexico, but if they deemed it criminal there and I was on holiday in the US or Canada for example, would that show up on a computer and the either of those countries hand me over to Mexico if Mexico had issued a warrant? Or does that go aainst me being a british subject?

Expert:  Clare replied 1 year ago.
Under the REMO scheme the enforcing country has no power to alter the actual Maintenance Order - just to determine how much you can afford to pay a month - so yes the arrears will still accrue and be payableI am afraid i cannot comment on the extradition position of foreign countries - but it would be unlikely that the paperwork could be processed in time
Customer: replied 1 year ago.

Is it fair to say that there is no point getting a lawyer in the UK as they would not be able to influence any Mexican ruling and that it would be better to get a lawyer in Mexico to try and get things in order from that side? Also would it take her lawyers a long time to process all this over seas? Meaning that it would be a long and difficult process for them to get things translated to english? And that getting the british courts to process things could take them months or years?

Customer: replied 1 year ago.
11 October 2015 18:26 EST
Is it fair to say that there is no point getting a lawyer in the UK as they would not be able to influence any Mexican ruling and that it would be better to get a lawyer in Mexico to try and get things in order from that side? Also would it take her lawyers a long time to process all this over seas? Meaning that it would be a long and difficult process for them to get things translated to english? And that getting the british courts to process things could take them months or years?
Expert:  Clare replied 1 year ago.

Yes if you wish to avoid a large bill it is a Mexican lawyer that you need so that the amount payable overall is reduced.

It woudl certainly take many months for the REMO process to rollout - possible over a year - so you have time

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