Maintenance Payments

[lisa b]

Hi everyone,
I know this might seem a bit previous [we havnt even applied for visa yet ] but im just trying to cover all bases so i can work out finances. Does anyone have any advice about collecting maintenance payments from your ex after you have moved to oz. At the moment i just have a verbal agreement with mine but ive got a feeling if i emigrate he would stop paying. Has anyone been in same boat?

Lisa X

[caz&si]

Hi Lisa,

Not really got any advice on your query except to say read a couple of threads on here about same thing. From what I've gathered its a case of he doesn't have to pay if you take kids out of the country but you may get lucky and he may still pay! Depends on what he's like I suppose. good luck! Caz

[Stuju]

hi Lisa, Perhaps it would be a good idea to get a agreement/stat dec or similar drawn up y a solicitor and about the maintenance payments who knows your solicitor may suggest that it is rubber stamped via the court. Do get something sorted before you arrive in oz as it is very hard to do alot of things like closing accounts etc from here (as the system in the uk now is getting so fussy)
good luck

[ali]

From what I've gathered reading other posts, your ex couldn't be made to pay once you were in oz , the aus government (or whoever does this) are not able to persue this in another country. I don't know even how it would stand if you had a court order as i wouldn't think that a court order re: maintainance made in the uk would have any legal binding in Aus. You'd need to take legal advice but you may have to cut your losses.

Ali

[graham$nic]

Hi my x will not pay money for the children once we have gone to oz and to be honest i was just glad he was understanding enough to give his permission for us to take them.

[lisa b]

yes i know what you mean, but mine has got away with murder over the last 10yrs not paying what he should or doing anything for his kids, so if theres any way i can get what my kids are owed i will. But i think it does look like i'll have to cut my losses, what he pays is a pittance anyway but every penny counts if you trying to start a new life.
Lisa x

[ali]

Like Graham & Nic say if your x gives persmission to take the children to aus then that becomes the most important thing. Some people have had to use the "you won't have to pay maintanance" tool to get permission - if you haven't approached your x yet regarding this it's probably good to do it asap then you'll know if it's going to present any problems. One or two on the site have gone to court to obtain this and it does cause alot of stress.

Ali

[lisa b]

Already spoke about that it was the first thing i did when we started to think about emigrating and he is fine about it
Lisa