How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10105
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

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: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 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 3 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 3 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.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.