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My ex-partner and I lived in the UK with our daughter,

My ex-partner and I...

My ex-partner and I lived in the UK with our daughter, before separating from her back in 2001, she moving back to the US. In 2004, the California DCSS issued a REMO to the UK regarding child support arrears and continued support payments. The initial order from California was based on assumptions about my employment and financial status here in the UK. When the REMO was issued here in the UK, I provided documentation supporting my past and current employment status. Based on this information, the UK courts determined they had the rights to modified the total arrears and ongoing support payments fall in line with my current status here in the UK. That modified order was then sent back to the California courts. Over the last 15 years that modified order was never contested by California. In 2010 the DCSS put a hold on my passport. I provided the DCSS again with the UK REMO, as well as further documentation about my finances. The modified UK REMO amount was acknowledge and my passport was release on the ground that I continue with the agreed payment. As of June 2017, my commitments to the UK REMO was paid in full and payments stopped.
Now the US courts have stated that there is still a substantial amount of arrears due even though the have met my UK obligations. The UK modified order was never contested. Do they have a
Right to try and collect even though 15 years have gone by without contesting the uk order ???

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

REMO Between California and UK

Lawyer's Assistant: Have you talked to a lawyer yet?

Several, I nedd to seek to someone who is familar with REMO between California and the UK

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have explained everything in the first message.

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3/7/2018
JimLawyer
JimLawyer, Senior Associate & Consultant
Category: UK Law
Satisfied Customers: 203
Experience: Senior Associate Solicitor and Litigator
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Hello, thanks for the question.

California is part of the REMO agreement with the UK, so any order in the UK can enforced there. It appears your original order was modified upwards to increase the total amount owed. All the court in California has done is to enforce payment in the States - the order for payment has come from the UK and you have been paying over the years.

If your commitments to the UK order have been paid off, you have no further payments to make. It is possible there are extra costs associated with enforcing the order in the States and this could well be why you still owe arrears.

What sum are they looking for?. If you have paid off the UK arrears then you would only owe what has been incurred in the States. Do you live in the UK or California now?.

Thanks and I look forward to hearing from you.

J

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Customer reply replied 1 month ago
The states say the $230,000 is owed (interest)... I live in the UK and have a family of 5 to support. The US has never contested the UK modified order ... Im at a loss

Ok, have they sent you a demand for the sum due?.

If you live in the UK, they would need to transfer that debt back to the UK in order to enforce it against you. If they try to do that, they could potentially apply for an attachment of earnings order or they could place a charge on the property you own (if you own it). They would not force you to sell your house as you have a family and children.

The children's welfare would come first. That sum seems an obscene amount for interest only. Are you in employment currently?. If you are and if it's for a UK based company, they may not be able to apply for an attachment of earnings order as the employer would have to be based in the States with an office in the UK. If you do not work, an option could be to enter bankruptcy but I would only endorse that if you do not own any assets. My recommendation is that you speak to a firm of solicitors in the UK, who can offer you a free consultation and advise you of your options. I would recommend Slater & Gordon (UK) - their head office number is *****(###) ###-####and you need to ask to speak to their family law department and you will be put through to a solicitor who can advise you on the Remo situation. Alternatively, contact Gorvins Solicitors and ask to speak to Nicola Fraser (one of their solicitors who I know - she is on 0161(###) ###-####and say that James Easson referred you - she will be able to offer you free advice). I would choose Gorvins over Slater & Gordon for the advice as I have had personal experience with them and Nicola is excellent.

I hope this helps - please click accept answer if I have assisted you.

Best wishes,

J

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Customer reply replied 1 month ago
do you have her email ..??
it’s***@******.***. If you could accept my answer that’d be great so I can continue to assist and help others on this forum. Many thanks and best wishes, J
Ask Your Own UK Law Question
Hi if you could please accept my answer I’d be grateful. Thanks and have a good day
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Customer reply replied 1 month ago
Hi ...
Just to be clear. The US REMO is modified reducing the payment and arrears. That order was send back to the US. As there can be one Controlling Order, The US gave the REMO office the power to collect. The UK Modified the US order, making it the Controlling Order. California has said they don't have to recognise the modified order, although they are part of REMO. Do you know of any cases where California has recognised a foreign support order, thus setting a legal precedence ??
Hello again, I’m sorry I don’t as I’m a UK lawyer. The only thing I can tell you is that if an order is set in the UK, California is party to the Reciprocal enforcement of the maintenance order and as such the US can enforce payment of arrears. It may be worth submitting a question on the US family law site here for someone on that side of the water to comment.
Ask Your Own UK Law Question
Customer reply replied 1 month ago
US family law site ... where would I find that.
If you go back to Just Answer - there should be a section where pi can submit a question to US attorneys on her - customer service should be able to point you in the right direction
JimLawyer
JimLawyer, Senior Associate & Consultant
Category: UK Law
Satisfied Customers: 203
Experience: Senior Associate Solicitor and Litigator
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