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ReadyLaw, Advocate
Category: Law
Satisfied Customers: 858
Experience:  Adjunct Lecturer at University of Technology
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I have a court order for child maintenance made in Gibraltar

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I have a court order for child maintenance made in Gibraltar but have since moved back to the UK. My Gibraltar lawyer advised me to go through Child maintenance here to get my maintenance payments increased but in fact they have decreased as my ex partner is not paying much tax in the UK as he is working abroad mostly. My Gibraltar lawyer says I can get the former order registered here and that it will over-ride the Child maintenance here
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I don't know how to do this
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: It could be Mansfield, Notts
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Good day your question has been forwarded to me to see if I may be able to assist.

Thank you for your patience. You may request for a judgment obtained in an EU country to be recognised in the UK. The application is usually done in the originating court. So, your solicitor in Gibraltor would first be required to apply for a European Enforcement Order (EEO). Once the EEO certificate is obtained the judgment is treated by courts in England as if it had been delivered by a court in England. The usual methods of enforcement can then be used, such as applying for an attachment of earnings order for the maintenance to be taken directly from his salary.

I hope I have clarified things for you.

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Customer: replied 4 months ago.
Once I have the EEO, how do I go about registering this in the UK and how much does this cost? As my ex partner works abroad, he pays very little UK tax as he gets paid in other countries. Would the maintenance be based on his entire salary and not just the UK taxable salary? Would it be possible to arrange for a lump sum payment given he is likely to leave jobs to avoid payment? The original order was based on a part time one day a week job of 40k and it was assumed he would get further part time jobs of a similar amount and the maintenance would be increased accordingly, but as he is not declaring it in the UK, the UK child maintenance is less. Would I be better off sticking to the original order?

Thanks for your patience.

Whilst you may have the judgment registered in the UK, it is perhaps a simpler process to either ask for the CMS to review the decision made via their complaints procedure or commence a new application by asking the court to make an order in relation to maintenance instead of going through CMS.

Complaint re CMS

The benefit to this is that you will get a more senior person to review the amount that they have asked Dad to pay.

If you want to complain in writing our address is: Child Maintenance Service PO Box 249 MITCHELDEAN GL17 1AJ

If you’ve been through all the complaints stages, received a final response and still aren’t satisfied, you can ask the Independent Case Examiner to look at your complaint. You must contact them within 6 months of getting our final response and send them a copy of it.

Please see below details:

By phone: 0800(###) ###-####By text phone:###-##-#######) ###-####By email:***@******.*** By letter: The Independent Case Examiner PO Box 209 Bootle L20 7WA

The Independent Case Examiner is usually a Solicitor.

I would recommend that you follow the above process prior to making an application to court.

The court would not order for him to make a lump sum payment. It would ordinarily be a monthly payment to assist with the continued care of your child. The maintenance ought to be based on his entire salary and not just what is taxable in the UK. The fact that the initial assessment was based on his UK taxable salary this may be a basis for making the complaint.

I would say do the complaint and have the original order reviewed instead of simply sticking with it.

Customer: replied 4 months ago.
The child maintenance will only consider UK taxable earnings. My ex husband is not adhering to the Gibraltar court order that was in place as he is now only paying the maintenance based on the UK taxable earnings which is about 20k. The Gibraltar court order was based upon another part time job of 40k. Would it be possible to have the original court order implemented alongside the child maintenance in the UK or would I be better off making a new application to a UK court as the child maintenance have advised that unless the income is UK taxable, there is nothing they can do.

I would recommend that you make a fresh application to the court for a judge to review and make a decision on what income to consider. Sometimes the case examiners are not solicitors or legally trained.

You may make the application using the for C100.

Best wishes