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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11686
Experience:  30 years as a practising solicitor.
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My x husband lives and works in Philippines he has not paid

Customer Question

My x husband lives and works in Philippines he has not paid any child support in over a year. I have a agreement in place in Scotland but he says he doesn't have to pay as not valid in Philippines.
I was told by someone there is an agreement in place with uk and Philippines for child support. Is this true and would my Scottish law agreement stand up in Philippines court.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

The Maintenance Orders (Reciprocal Enforcement) Act 1972 is the primary legislation under which the Reciprocal enforcement of maintenance process operates in the UK. There have also been several Statutory Instruments since 1972 to adjust the precise arrangements between the UK and other countries, or to allow additional jurisdictions to be added.

The UK is a signatory to several international conventions on maintenance obligations, such as:

the 1956 United Nations Convention on the Recovery Abroad of Maintenance
the 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters
the 1973 Hague Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations

What this means in a nutshell is that an agreement or order for maintenance can be transmitted by the Scottish Court to a country where there is a reciprocal agreement. The order is registered in the foreign court and can be implemented against the person due to pay.

I can tell you that the Philippines is on the list of contracting states. Assuming your Maintenance Agreement has been registered in the Books of Council and Session in this country you can ask the Scottish Courts Service to help you deal with the foreign aspects. The SCS will contact their counterparts in the Philippines with a view to registering the order there.

The contact at SCS is Alan Finlayson from recollection and you can contact him via the Scottish Courts website at www.scotcourts.gov.uk

I don't have access to the website right now but from recollection there is a section on maintenance enforcement abroad.

So the mere threat of this might influence your husband to restart his payments and pay the arrears.

I hope this helps. Please leave a positive response so that I am credited for my time.
Expert:  JGM replied 4 years ago.
Please let me know if I can assist you further. Otherwise please leave positive feedback so that I am credited for my time.
Expert:  JGM replied 4 years ago.
Please let me know if I can assist you further. Otherwise please leave positive feedback so that I am credited for my time.