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MrsDarby

Child Maintenance Abroad

By MrsDarby in Moving to the US and Your New Life In America

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MrsDarby Contributor

MrsDarby   0

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Filed: K-1 Visa Country: United Kingdom
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Hi,

I hope someone has some information regarding this or can give me some advice! Thanks in advance.

My husband and I live in the US-he is from England. He has a son and an ex-wife in England. This ex-wife is absolutely relentless. My husband was paying a certain amount in child maintanence while living in the UK. He is unable to pay that amount over here, because he makes less, cost of living is less, and the dollar is less than the pound. Well, ex-wife and my husband had finally agreed on a fair amount of child support after going back and forth through her lawyer. Ex-wife will not deal with my husband regarding child maintenance-she prefers to do everything through her lawyer.

Now ex-wife wants the difference in the amount from what he was paying before and what he is paying now from the last 14 months. Her lawyer had sent my husband an e-mail regarding this, and they said they would take legal action against my husband, and that they can regardless of us living in the US. My husband responded to her e-mail immediately and said that at the moment he is unable to pay back. He also offered to send copies of his bank statements to prove that he is in serious debt. He is significantly into his overdraft in his UK account. We do not own anything of importance over here-cars are paid off and no house payments. I'm currently on maternity leave with our new baby, so I don't have income right now either. Well, he hasn't heard from the lawyer in over a month which leads me to believe that they are over in the UK "hatching a plan" to go after us over here. Like I said, ex-wife and her lawyer (who is probably getting a lot of money out of this) are relentless.

Does anyone have any experience with this? I'm sure we wouldn't be required to pay back, because in their separation agreement it does state that if the earnings of my husband changed that would also change the amount of child maintanence. I feel really sick about this, because ex-wife is always after us about something. 4000 miles is NOT far enough away! I have a new baby that I'm looking after, and half the time I'm stressed out over this whole situation. I would like my husband to seek legal advice over here (even if it's just a one time meeting), but he thinks that would cost a fortune. He is currently at the beginning of getting his own business up and running, so finances are still tight.

Does anyone know what they can do to go after us over here? There is some sort of reciprocity between the US and the UK, but every website I look at is difficult to muddle through. Would we be required to attend court here? Would we have to pay for that? I can't imagine my husband would be required to travel to the UK for a court hearing.

She wants what we don't have. If you don't have the money-you can't pay it. I know it's as simple as that, and I'm sure the courts would see it that way (plus we have a child to support too). That being said, I'm still feeling ill over this situation.

Thank you.

Jamie76 Proficient

Jamie76   0

Posted
Filed: K-1 Visa Country: Thailand
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I believe if they want to seek legal action against him, they can. If he is in arrears, then he will most likely have to find a way to pay that back child support to her. That goes for just about any country. You mentioned that if his income changed, so too would the child support. You may want to seek legal council on that.

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