International Child Maintenance and Financial Claims

When parents live in different countries, arranging reliable financial support for a child can become legally and practically complicated. Questions may arise about which country should deal with the claim, how the amount will be calculated, and what can be done if payments stop. Laurus advises parents on international child maintenance and related financial claims, including applications involving overseas income, existing court orders, and enforcement abroad. Speak to our specialist family solicitors to arrange an initial consultation and understand the options available.

Child maintenance where parents live in different countries

Both parents remain financially responsible for their child even when one of them moves abroad, and living in another country does not bring that responsibility to an end. The difficulty is often identifying the authority or court with the power to assess maintenance and ensuring that any resulting decision can be enforced where the paying parent lives.

Parents may agree maintenance privately or apply to the Child Maintenance Service (CMS), which has jurisdiction where the parents and child are habitually resident in the United Kingdom. Habitual residence is not determined by nationality alone, and concerns where someone’s life is genuinely based, taking account of matters such as their home, employment, and family circumstances.

The CMS will not usually be able to make a new assessment against a paying parent who lives and works permanently abroad, although there are limited exceptions, including certain cases where the parent works overseas for a UK-based employer or prescribed organisation. It is therefore important not to assume that an international address automatically places the case outside the CMS system.

Where the CMS cannot deal with the matter, maintenance may need to be established through the courts or the legal system of the country in which the paying parent lives.

Responsibility for assessing international maintenance

There is no single international authority responsible for every child maintenance case. Jurisdiction depends upon the parents’ and child’s connections with the countries concerned, the location of any existing proceedings, and the international arrangements operating between those countries.

In some cases, a parent living in England and Wales can seek a maintenance order through the English court and then have that order recognised abroad. In others, the application must be made or determined in the country where the paying parent is resident. The correct approach may also depend upon whether the application concerns a new maintenance award, a variation of an existing decision or the recovery of arrears.

The UK has reciprocal arrangements with many countries and territories, which are commonly described as Reciprocal Enforcement of Maintenance Orders, or REMO, arrangements. They allow central authorities and courts in participating countries to cooperate over the establishment, recognition and enforcement of maintenance decisions.

The 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance also provides a framework for cooperation between participating countries. However, not every country is covered by the same agreement, and the procedure can vary accordingly. If the paying parent lives in a country without an applicable reciprocal arrangement, local legal advice may be required to establish whether an English decision can be recognised there.

Calculation and review of maintenance payments

International child maintenance is not calculated under one universal formula. If the CMS retains jurisdiction, it will normally apply its statutory calculation, based primarily upon the paying parent’s gross income and adjusted to reflect factors such as other qualifying children and overnight care.

Where maintenance is determined by a court abroad, the law of that country may govern the calculation. The court might examine the paying parent’s income alongside the child’s needs and the financial circumstances of both households.

Currency conversion is another important consideration; while a maintenance figure may appear adequate when an agreement is signed, it may become insufficient if exchange rates move substantially or banking charges reduce the sum received. A carefully prepared agreement can state the currency in which payment must be made, who will bear transfer costs, and whether a review will take place if exchange rates move beyond an agreed range.

Missed payments and international enforcement

When payments are missed, the first priority is to identify the legal basis of the maintenance obligation. The enforcement options for a CMS assessment will not necessarily be the same as those available for a private agreement or court order.

Where a maintenance decision can be enforced under a REMO arrangement, it may be registered in the country where the paying parent lives. The local court or authority can then use the enforcement measures available under its own law, which, depending upon the jurisdiction, may include deductions from earnings, action against bank accounts, or other steps directed at the parent’s assets.

International enforcement rarely produces an immediate result. Documents may have to pass between central authorities, be translated, and comply with local evidential requirements. Formal service must often be proved, while the paying parent may be entitled to challenge registration.

The position becomes more difficult where the paying parent lives in a country without a reciprocal arrangement. It may still be possible to bring proceedings there, but the parent seeking payment could need local representation and may have to prove the underlying claim again.

Practical difficulties in international cases

Overseas income is often more difficult to verify than earnings received through a UK payroll; a parent may work through a foreign company, receive part of their salary as accommodation or hold assets in a country where public records are limited. Tax documents may use unfamiliar terminology and might not show the parent’s complete financial benefit.

Families can also encounter problems with translation and proof of service. In addition, a document that is acceptable in England may require certification before it can be used abroad.

Different currencies can create disagreement even when payments are made regularly. Parents may also misunderstand which expenses are covered by ordinary maintenance and which should be shared separately. Travel for contact is a frequent source of dispute, particularly where one parent considers the other should pay because they chose to relocate.

For specialist advice about international child maintenance and financial claims, contact us now to request a free consultation with one of our specialist family solicitors.