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TOPIC: UK - German Child Maintenance Advice Please

UK - German Child Maintenance Advice Please 2 years 7 months ago #80141

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I'm a UK Dad, recently returned to the UK after living abroad where I met my ex. When we separated she returned to her native Germany with our children. Since then I have paid her child maintenance in accordance with the Dusseldorf Table.

Now I'm a UK resident again do I pay her in accordance with UK or German child maintenance law?

It's a confusing time as I've no idea of who I need to contact in government or law to deal with this. I'd be really grateful if someone could point me in the right direction to get started with, thanks.

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UK - German Child Maintenance Advice Please 2 years 7 months ago #80142

It depends very much if a statutory order (via the CMS or a Court in the UK or a Court in Germany or elsewhere) was made - of if you are talking about an "informal family agreement". If there is an order in place your ex can 1) apply to have it enforced in the UK (German maintenance applies) or 2) apply to the UK for a new calculation to be done (in which case I suppose there could be an amendment) but I am not at all knowledgeable about how such a calculation is performed (a good guess would be that you would be required to pay the current CMS rates).

If a family (informal) agreement is in place - it is whatever both parents deem acceptable.

See here
www.gov.uk/child-maintenance-if-one-pare...rent-lives-in-the-uk
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UK - German Child Maintenance Advice Please 2 years 7 months ago #80229

Hello Jon10

As TashasHideousLaugh mentioned, if you and your children’s mother reach a family-based arrangement, there are no set rules that you must follow. Although it is not a legally binding way of arranging maintenance, you would have the freedom and flexibility to decide together how your children will be provided for.

For assistance with reaching and maintaining an affective family-based arrangement, you may wish to take a look at the tools and guides available on the Child Maintenance Options website at www.cmoptions.org .

The Child Maintenance Service (the government’s statutory maintenance service) can usually only deal with applications for child maintenance when both parents and their children live in the UK. Therefore, if you are unable to reach a family-based arrangement, your children’s mother could approach the German equivalent of a UK magistrates' or county court to apply for a court order for maintenance to be made. This could then be enforced by the Reciprocal Enforcement of Maintenance Orders (REMO) unit. You can find more information about REMO via the link TashasHideousLaugh supplied at the end of their post.

For more information on the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website.

The DWP have a sorting out separation website that you may find useful. It offers help and support to separating and separated families. The link is: www.sortingoutseparation.org.uk/ .

Regards

William
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This information which Child Maintenance Options has provided is not a substitute for independent professional advice and users should obtain professional advice relevant to their particular circumstances.

Please note: the Child Maintenance Options team cannot answer any questions relating to a specific CSA or Child Maintenance Service case

UK - German Child Maintenance Advice Please 2 years 7 months ago #80232

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Thanks for the replies and advice.

In the past my ex and I always agreed between ourselves to follow the Dusseldorf Table.

I thought as the paying parent and resident of the UK, then maintenance payments would be done in accordance with UK law and the child maintenance calculator I found on the Child Maintenance Options website?

The REMO system (previously unknown to me) makes me feel a bit nervous. But it is better to start getting my head around it now than to be unaware of it until further down the line.

She'll flip at the thought of getting less child maintenance money from me. And I'll be financially crippled if I stick to the Dusseldorf Table for much longer. One way or another it's time to renegotiate soon I suppose.

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UK - German Child Maintenance Advice Please 2 years 7 months ago #80254

Hello Jon10

I am not an expert in arranging child maintenance internationally. You may wish to look at the link TashasHideousLaugh provided for more information.

Regards

William
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This information which Child Maintenance Options has provided is not a substitute for independent professional advice and users should obtain professional advice relevant to their particular circumstances.

Please note: the Child Maintenance Options team cannot answer any questions relating to a specific CSA or Child Maintenance Service case

UK - German Child Maintenance Advice Please 2 years 7 months ago #80338

Jon10 wrote: She'll flip at the thought of getting less child maintenance money from me. And I'll be financially crippled if I stick to the Dusseldorf Table for much longer. One way or another it's time to renegotiate soon I suppose.


By the way, if there is currently no "formal" agreement in place (i.e. court issued within the EU) .... and if you believe it is very likely one parent will apply to court in the near future, there is nothing stopping you opening a statutory CMS case....

When such a case is opened, any informal agreements are, in effect, void.

Again, I have no idea about how cross border calculations work at the CMS (it is difficult enough navigating the system for domestic UK-based calculations!) - but between a choice of 1. paying according the German rates (informally), 2. Having a German order enforced via EU law in the UK courts, 3. Opening a statutory case with CMS I think I would pick door number 3 (after doing some research: it could be the case that the CMS default to the foreign standard, which in this case is the Düsseldorf Table - as you already know).

Unfortunately, I do not have time (this side of Christmas) to look into the legislation - but I imagine the details will be found in the relevant legislation which CMS is governed by:

The Child Support Maintenance Calculation Regulations 2012
www.legislation.gov.uk/ukdsi/2012/9780111526132/contents

Child Maintenance and Other Payments Act 2008 + Orders
www.legislation.gov.uk/ukpga/2008/6/pdfs/ukpga_20080006_en.pdf
legislation.data.gov.uk/cy/uksi/2014/163...e/data.htm?wrap=true

Child Support Act 1991 + revisions
www.legislation.gov.uk/ukpga/1991/48/pdf...910048_310516_en.pdf
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UK - German Child Maintenance Advice Please 2 years 7 months ago #80397

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Many thanks to the members here for your helpful posts, much appreciated.

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UK - German Child Maintenance Advice Please 5 months 3 weeks ago #97018

Hello Nirolondon

You do have different options that you can consider regarding your maintenance payments for your children. If you wish to follow the UK Government’s guidelines when calculating child maintenance, it would be based on your gross income, which is income before Income Tax and National Insurance are taken off, but after occupational or personal pension scheme contributions are taken away.

Many parents in your position do choose to sort out their maintenance between themselves as it can be the quickest and easiest way of setting up a maintenance agreement. Although family-based arrangements are not legally binding, they are very flexible and can be easily changed.

As you have a great deal of flexibility within a family-based arrangement, this type of agreement may benefit you both. You can easily incorporate your travel costs into your agreement when you travel to see your children in Germany.

For assistance with reaching, and maintaining, an effective family-based arrangement, you may wish to take a look at the tools and guides available on the Child Maintenance Options website at www.cmoptions.org .

If you are unable to reach a family-based arrangement, your wife could approach the German equivalent of a UK magistrates' or county court to apply for a court order for maintenance to be made. This could then be enforced by the Reciprocal Enforcement of Maintenance Orders (REMO) unit. You can find more information about REMO via the following link www.gov.uk/remo-unit-helpline .

For more information on the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website yourself.

You may also be interested to know the Department for Work and Pensions (DWP) have a website, 'Sorting out Separation'. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is www.sortingoutseparation.org.uk/

Regards

William

Please Log in or Create an account to join the conversation.

This information which Child Maintenance Options has provided is not a substitute for independent professional advice and users should obtain professional advice relevant to their particular circumstances.

Please note: the Child Maintenance Options team cannot answer any questions relating to a specific CSA or Child Maintenance Service case
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