|
|
|
|
Reciprocal enforcement is an arrangement by international agreement that provides for the recovery of maintenance from someone living abroad for a claimant living in this country. Also a person living abroad can apply to recover maintenance from someone living here.
Reciprocal enforcement can only apply where the person you are pursuing for maintenance is living abroad. If you wish to recover maintenance from someone who has moved to England, Wales or Northern Ireland please ask your local sheriff court (or the Court of Session if appropriate) for help. They will be able to register your existing maintenance order with the court in the area where the payer lives. That court will then arrange for enforcement and recovery of payments for you. If there is no existing court maintenance order and you wish to pursue someone living in another part of the United Kingdom for maintenance you will need to talk to a solicitor or advice centre.
What is a maintenance order?
A maintenance order is an order made by the court for you or your children to receive regular maintenance payments (weekly or monthly for example).
The following are not maintenance orders
An order made for a capital sum awarded when you divorce (for example splitting the money from selling possessions or property bought during your marriage) is not maintenance. This type of order is not covered by this booklet. You should talk to a solicitor or advice centre if you want to recover a capital sum.
A Minute of Agreement is not a maintenance order for reciprocal enforcement purposes. It is not covered by most of the procedures in this booklet. But if a Minute of Agreement can be enforced in Scotland it might be possible to use the procedures in chapter 4.
The procedures you can use to recover maintenance cannot be used to make your spouse (or former spouse) obey residence or contact orders concerning your children. You should talk to a solicitor or advice centre if you need advice about residence or contact orders.
The Child Support Agency deals only with the recovery of maintenance when everyone involved is living in this country. It has no power over someone living abroad. If you already have a Child Support Agency order you will not be able to enforce it abroad. You will need to start fresh proceedings (see chapter 4).
|
|
|