If you are coming across this segment for the first time, you may wish to understand the legal groundwork that makes international enforcement possible. From reciprocal treaties to jurisdictional strategy, our in-depth look at Child Maintenance Enforcement Abroad: A Legal Perspective (Part One) sets the stage for what follows here.

Now that we’ve covered the legal principles, let’s explore how AAGA Solicitors turns those principles into actionable outcomes for parents seeking to recover child support across jurisdictions.

The Process of Enforcing Maintenance Across Borders

Where the paying parent lives in a country that has a formal enforcement agreement with the UK—commonly referred to as a reciprocating country—the process usually begins with the REMO (Reciprocal Enforcement of Maintenance Orders) system. A REMO application allows your UK-issued child maintenance order to be submitted to the relevant central authority in the foreign jurisdiction. That authority is then responsible for recognising the order and initiating enforcement under its domestic laws.

At AAGA Solicitors, we manage every stage of this complex process. This includes preparing the necessary legal documentation, ensuring orders are correctly translated and authenticated, and submitting applications in compliance with both UK and foreign procedural requirements. We also coordinate with legal counterparts overseas to facilitate progress and reduce avoidable delays.

If your current maintenance arrangement originates from the Child Maintenance Service (CMS) rather than the courts, we will review whether the order is enforceable as it stands. Some countries only recognise court-issued decisions, in which case we can assist you in converting a CMS assessment into a court-approved order that qualifies for enforcement internationally.

What Happens When No Reciprocal Agreement Exists?

In cases where the non-resident parent resides in a country that has no formal maintenance enforcement treaty with the UK, different legal mechanisms apply. These situations often require private enforcement proceedings to be brought in the foreign jurisdiction. This involves instructing a solicitor in that country, submitting your UK court order for recognition, and taking action under the relevant local legal framework.

We support our clients by collaborating with a vetted network of family law firms around the world. Whether it’s preparing certified bundles, coordinating translations, or engaging directly with foreign courts, we take a hands-on approach to ensure that the enforcement action is pursued effectively and without unnecessary delays.

When Maintenance Is Not Paid: Tackling Arrears and Evasion

In many cases, enforcement becomes urgent when a parent either stops making payments or builds up substantial arrears. If non-compliance is intentional or the parent is actively trying to avoid their obligation, a more aggressive legal strategy may be necessary. Depending on the jurisdiction, we may pursue enforcement through registering the UK order in local courts, applying for asset seizure or wage garnishment, or seeking disclosure orders to trace hidden income.

For complex or high-value cases, our team collaborates with forensic accountants and international investigators to uncover assets, evaluate self-employment income, and pursue third-party enforcement routes when traditional options fall short. Our aim is always to ensure that the child’s right to financial support is enforced to the fullest extent of the law—wherever the parent may be.

Frequently Asked Questions (FAQs)

1. Can arrears be recovered even after many years?

In most cases, yes. Arrears do not simply vanish over time. However, different countries may apply limitation periods, so it’s important to seek legal advice as early as possible to protect your right to claim.

2. What if the paying parent frequently relocates or hides their income?

We regularly assist clients with asset tracing, income imputation applications, and disclosure orders, and we work with international investigators when necessary to locate and assess foreign-based income and assets.

3. Is a CMS decision enforceable in every country?

No. Many jurisdictions require a court-confirmed maintenance order before enforcement can begin. If needed, we can help convert a CMS decision into a court order for maximum international enforceability.