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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9350
Experience:  28 years as a practising solicitor.
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My ex partner and I signed a Registers of Scotland agreement

Customer Question

My ex partner and I signed a Registers of Scotland agreement in Jan 2008 stipulating aliment and contact with our son, not of which has been adhered to in the past 5 years.
My ex disappeared from the UK in Feb 2008 and refused to forward an address but continued paying the aliment but has never increased the amount annually by a percentage equivalent to the relative rise in the Retail Price Index as stated in our agreement.
He has now come back into my son's live wanting more contact but has recently moved from Belarus, where his wife and other child live, to Korea. He intends to fly and visit our son when it suits him but does not give much prior notice.
He has a very well paid job in South Korea and also owns property in the UK that he makes a profit on through renting.
How do I go about reviewing the aliment, the CSA have said it will be difficult because he lives and works outside the UK?
Submitted: 2 years ago via InBrief.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

The CSA has no jurisdiction where he stays out of the UK unless he is in the UK armed forces or civil service or if he is on a UK company payroll.

Because of that your only option would be to calculate the arrears arising from the failure to increase the maintenance under the registered Minute of Agreement and ask him to pay the arrears. If he fails to do so, because he owns heritable property in the UK you can instruct sheriff officers to register an inhibition against him.

An inhibition stops a person from selling or mortgaging heritable property. So whilst it won't get you your money straight away, it will give you an enforced security which will stop him dealing with his property in Scotland until you discharge the inhibition on payment to you of what is owing at the relevant time.

The other option is to see if there is a reciprocal maintenance treaty with Korea but given the expense and the likely long and tortuous route involved, I doubt that would be a practical option for you.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9350
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Expert:  JGM replied 2 years ago.
Sorry I also meant to say earlier that of you can find out who his tenant is you can instruct sheriff officers to arrest (freeze) the rent, so that the tenant would not be allowed to pay him the rent and after various procedural steps, would have to pay you. Discuss this with your solicitor as well.

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