Hi blackie
Thanks for your post, I’m William the Child Maintenance Options consultant. You have not indicated what type of maintenance arrangement you currently have in place. If you have a family-based arrangement in place with your children’s mum it would be between you both to agree how your move will affect your payments, for example if your new partner’s children are taken into account.
There are no strict rules or formulas that you have to follow with this type of arrangement. You can include money and other things, for example you buying things that your children need. Collaborating together to keep a family-based arrangement is better for your children.
Family-based arrangements are not legally binding, however, they are quick and easy to change if you or your children’s mum have a change in circumstances.
To help you renegotiate your arrangement with your children’s mum we have some tools and guides available to download from our website at http://www.cmoptions.org/en/toolbox/index.asp. There is our Talking about money guide and Discussion Guide, these can help you and your children’s mum work out together how much child maintenance your children need. We also have a family-based arrangement form. You can complete this with your children’s mum and sign your names to show your commitment to this arrangement. Although this is not a legally enforceable document, it puts the agreement on a more formal basis.
If you would like an indication of how much maintenance may be payable, based on how the Child Maintenance Services calculates maintenance, there is a calculator available on our website at http://www.cmoptions.org/en/calculator/. Some parents use the figure provided as a starting point to negotiate a family-based arrangement.
If your arrangement is based on German rules or if you have a court order in place you will need to seek advice from either a solicitor or the court who started the original proceedings.
Just to let you know that once you move back to the UK, your children’s mum could apply to her local equivalent of a magistrates', or county court in Germany to apply for a court order for maintenance to be made. This can then be enforced by the Reciprocal Enforcement of Maintenance Orders (REMO). This is an agreement set up via the British Government with other countries, to enable citizens to receive maintenance if a parent lives abroad. You can find further information regarding this process at https://www.gov.uk/remo-unit-helpline.
To find out more about how Child Maintenance Options can help you visit cmoptions.org or call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on Saturday.
Thanks
William