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Category: Family Law
Satisfied Customers: 265
Experience:  Expert
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Have a question about child support, Im uk resident, father

Customer Question

Have a question about child support
JA: What steps have been taken? Have any papers been filed in family court?
Customer: Im uk resident , father of my child lives in EU country i have been based here and raising our son alone for 5 y
JA: Have you talked to a lawyer about this yet?
Customer: Over a year he has not supported us ... i have taken all financial responsibility
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: its a issue between 2 parents who live in different countries
Customer: its a issue between 2 parents who live in different countries
Submitted: 12 days ago.
Category: Family Law
Expert:  JeremyT1020 replied 12 days ago.
Good morning and thank you for your question. I'm Jeremy, a solicitor specialising in divorce, separation and children's matters. I'm sorry to hear about your ex partner's refusal to pay so I'd be happy to offer some guidance. Firstly, please could you confirm where your ex is living. Secondly, did you originally apply to the child maintenance service for an assessment before he stopped paying? Thanks, J
Customer: replied 12 days ago.
To Understand the law in uk and how it protects me - my ex lives in EU country, we broke up 5 y ago but we were living in uk then , he wanted he to stay in uk and his son to go to private school here . Then he decided to move away but because of school and stability, I stayed and i have lived with our son in uk for 5y as a single parent. We were never married and financial support was never officially set in place... it was more based on trust and responsibility to help with home and school expenses ... but now over a year not a penny of child support and I was at one point even evicted from our house because he did not pay rent that he promised.... and contract was on my name .... So all my income goes now to cover living cost, school fees etc. the fact that our son lives full time with me plus i have had no financial support over a year plus our income difference - he earns about 4xmore than me ... AND now he is demanding after 5 years equal custody sharing before any financial support... in order to understand - if a child lives with mother full time in uk and does not get any support over a year from the other parent who is not uk resident. Is it even possible for him to demand half of the custody of the child? does he have any financial responsibilities by law?
Expert:  JeremyT1020 replied 12 days ago.

Hello again and thank you for the additional information.  The bot***** *****ne is that your son has a right to spend time with  both parents.  The amount of time is dictated by a number of factors including the age of the child, the child's commitments and distance.  The amount of money your ex pays in maintenance does not affect the amount of time your son should spend with his father - even if he paid nothing, your son would still be entitled to spend time with him.  That said, there is little chance that a court would make an order that your son jointly reside (joint custody) with you and your child's father.  You are your son's prime carer and he has grown up with you.  You have probably been responsible for all major decisions in your son's life although I imagine that you have kept your ex updated.  Your ex cannot simply expect to walk back in and expect joint residence.  In any event, I suspect it is simply a ploy to reduce the amount of maintenance he would be expected to pay you.  Your ex is responsible for paying child maintenance whilst your son lives with you.  If necessary, child maintenance can be enforced in a foreign country under what are known as the REMO obligations.  Kind regards, J

Customer: replied 12 days ago.
Pls explain Remo obligations, does Estonia belong into this convention
Expert:  JeremyT1020 replied 11 days ago.
Estonia belongs to the REMO convention. See the attached file.
Expert:  JeremyT1020 replied 11 days ago.
If the other parent does live in a REMO country, contact your nearest Maintenance Enforcement Business Centre (MEBC). They’ll send you an application form.
You should complete the form and send it back to your MEBC with any supporting documents. Your documents will be translated into if needed. You do not have to pay for this.
Expert:  JeremyT1020 replied 11 days ago.
Maintenance Enforcement Business Centre London
Central Family Court
First Avenue House
42-49 High Holborn
WC1V 6NPThis is your nearest MEBC
Expert:  JeremyT1020 replied 11 days ago.
The REMO Unit will send your documents to the body responsible for REMO in Estonia within a month of receiving them. Your documents will then be sent on to the court in that country. It may take a couple of months to sort out.