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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34133
Experience:  25 years experience of all aspects of family law
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Clare, My husband is Belgian, living in UK with me and my 9

Customer Question

HI Clare,
My husband is Belgian, living in UK with me and my 9 year old son, he is now soley responsible for us financially as I am in Full Time Higher Education for the next year. His ex wife ( divorced for 6 years now) has issued to take him to court for payments for his children who are triplets aged 22, in full time education. Should he attend court in Belgium or wait it out?
Submitted: 1 year ago.
Category: UK Family Law
Customer: replied 1 year ago.
He is financially not in a position to fund 7 people! especially 3 of them adults! His children are planning to move out of their mom's home, his ex wife receives all their Belgian state benefits, and the children work part time. He was sent a message that he has to appear in court November 6th in Brussels, by her lawyer, but its unclear why. We just want to know the legal difference if any, as he lives in the UK with his new family. Thanks
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
Note he is my son's step dad, not his biological dad.
Expert:  Clare replied 1 year ago.


Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What maintenance has he paid in the past?

Customer: replied 1 year ago.
At the beginning he paid I think €1000 a month until around 2012/2013, he had an agreement to pay €300 euros in 2013 but has not been able to keep that up regularly. But basically the crucial question is as he now supports another family, how would this be worked out? and what legal restrictions could Belgium place on him as he's a permanent resident in UK
Customer: replied 1 year ago.
We got married in May 2013 in the UK
Expert:  Clare replied 1 year ago.

I am afraid that this is a matter which HAS to be dealt with in the Belgium courts and he must attend the Court and seek a downward variation based on

his new responsibilities.

If he does not and arrears build up then his ex will be able to take advantage of arrangements in place to allow foreign maintenance orders to be enforced in the


This will eventually mean attending a UK Court - who cannot change the actual order - but can decide how much he can afford to pay each month.

However if that sum is less than the Order then arrears will accrue each month -

Your ex MUST deal with this in Belgium to avoid this

Please ask if you need further details

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