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Child support payments from UK Father

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Posted

Hi I hope someone can help me

My ex moved to Germany with my daughter nearly 3 years ago to live with her new parner. We had a contact Order agreed which was broken by my ex and subsequently been re-agreed in the Germany courts, only to be breeched again, but this time my ex says it is my daughters wishes not to come over. If this is the case then I do not intend to challenge my daugther's wishes in court. She will soon be turning 10 years old and the Germany system take her view into consideration regardless of how she has been influenced into this decision. This means that even if I am allowed to see my daughter in future i'm going to have to travel to Germany much more, which again is more cost.

My ex is also now challenging the amount of maintanance i pay towards my daughter. Before and since my daughter moved to Germany i have always continued to pay maintenance without question. My ex is now challenging the amount of i pay, we have not previously discussed any change in payments and she has never disputed the amount until now.

The money i pay has previously been inline with the UK CSA calculations, my ex now want to have payments calculated by the Dusseldorf Table which work out using her calculations as a 250% increase. I don't know how i could afford such an amount, i have two other children to care for here in the UK and me and my partner are really worried about this.

I have tried to understand the Dusseldorf Table but find it very confusing. I cannot see anywhere that it considers the fact of someone like myself having to provide for my two other daughters, or the fact i now have hugely excessive travel cost to see my daughter in Germany.

I understand the Dusseldorf Table is regularly used but not legally binding, and although there are other tables. Is there table/calculation that suits a situation like mine.

Apologies for the long message but we are really worried and kindly ask for any help possible

Thanks

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Posted

Yes ido have a lawyer but he is very slow.

I only instructed my lawyer because my ex has broken the contact order again, but this time it seems my daughter is in agreement with my ex not to come to the UK as the court order instructs. So it is pointless going to court if my daughter won't support what the Order says.

But my ex says it OK if i go over there more, on her terms.

I can't understand the Dusseldorlf table and know there are other methods that can be used.

It would really help if there was an easy calculator like for the CSA (UK).

If she gets what she asks for i'll never see my daughter again.

Cheers

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Posted

That must be tough. No one here can seriously advise you without all the details, and this is a public forum so you don't want to give all the details. Which means that you need to go back to your lawyer to figure out what you need to pay or follow the advice people have given you in the other threads to which you have posted.

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Posted

Germany does allow you to keep a certain amount for yourself to live on. I am sure they will also figure in that you have other kids to support as well. You need a German lawyer to take care of this for you and you need a good one. Your lawyer should be able to tell you how much you will end up paying based on your income and based on that you have 2 kids in the UK also.

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Posted

It would seem to be a battle between which court (which country) has the jurisdiction. It would seem that each country's courts doesn't recognise the decision of the other & the OP is punch-ball in-between. Its very easy for a court to put demands on a furriner who isn't even living in the same country.

The OP's position could well be that the divorce took place in the UK (as far as we can determine from this thread), hes following the conditions laid down & if the Ex moves elsewhere thats not his problem.

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Posted

Not the best situation, maybe your daughter will change her mind when she is older. I would write her a letter to tell her you will be there for her. If you don't pay up this increased amount then you will look bad because it will seem then that you do not care for your responsibilities in the way the German system expects, and if you do then you may have financial difficulties by paying more than the UK system expects and you have.

I would try to protect myself and UK family from financial ruin or hardship, especially if contact is now unclear. One route is the German lawyer and courts but then you are moving over to her legal system and this could also include alimony payments for a long time, so get some very good advice from a lawyer who understand the British system as well as the German and can advise you whether to stay with the British system. At the very least I would certainly make the UK payments and claim tax credits and send that too and send the price of an airfare and hotel once a year and also visit once a year.

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Posted

I often wonder why people post when they clearly no sweet FA what they are talking about, not confessing that I know anything myself but a couple of links below for the op which might help him understand a little more how the system works and the laws in place.

It would seem to be a battle between which court (which country) has the jurisdiction. It would seem that each country's courts doesn't recognise the decision of the other & the OP is punch-ball in-between. Its very easy for a court to put demands on a furriner who isn't even living in the same country.

Maintenance obligations shall be governed by the law of the State of the habitual residence of the creditor.

The OP's position could well be that the divorce took place in the UK (as far as we can determine from this thread), hes following the conditions laid down & if the Ex moves elsewhere thats not his problem.

In the case of a change in the habitual residence of the creditor, the law of the State of the new habitual residence shall apply as from the moment when the change occurs.

Protocol on the law to applicable to maintenance obligations

Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations

Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

Although the UK is not part of this protocol the op really needs to discuss this with a lawyer. If your lawyer is lagging then get a new one, asking on this type of forum is not going to give you any solid facts or reassurances.

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