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The EU and Common Child Support Laws

By: Anna Martin - Updated: 18 Oct 2017 | comments*Discuss
 
Eu Csa European Union Child Support

Although the Child Support Agency is readily able to calculate and distribute child maintenance to parents with care within the UK, problems arise when maintenance assistance is requested and the non resident parent lives abroad. In some cases the children and resident parent live in another country, and this also poses problems. The European Union however, are now aiming to bolster the rights of parents who are trying to collect child maintenance across all EU borders.

European Plans

Members of the European Union accept that they have to deal with the dilemma of what to do about absent parents who do not acknowledge their obligation to provide adequate support for their children. Absent parents leave their children to be supported by social welfare funds, when the responsibility of providing adequate financial assistance should be the parent’s responsibility.

Any non resident parent will no longer be able to leave the country in order to escape having to pay child maintenance support payments to their offspring. Common family law standards have been drafted by the EU, which also takes into consideration marriage, studying and working in another country. Under the EU laws a resident parent is able to take a claim to court and make a payment order enforceable in any EU country.

Common Ground

Continental legal systems ensure that it is within children’s rights to acquire a detailed summary of the non resident parent’s income and to demand payment through the parents’ employer. Failure to acquire maintenance funds by this method means the parent will have to go before the criminal courts. Because continental law and UK law, regarding child maintenance support, are similar a good collaborative relationship can exist, and can also ensure effective enforcement of child maintenance settlements.

The Maastricht Treaty also contributes to providing a legal framework for the protection of children’s rights.

Conclusions

Although the promotion of child welfare and the reduction of child poverty are the main objectives of the Child Support Agency (CSA), there are a number of differences to the way maintenance support is offered, in line with other EU countries.

The CSA is out of step with some of its EU counterparts but does provide more legal aid for children, and the settlement of disputes. Maintenance payments within the European Union therefore have to accommodate both methods of working and the current assessment of maintenance cases must be updated until a more suitable solution is found.

In order to provide the best level of child maintenance support European Union laws will have to combine and accommodate the UK’s Child Support Agency’s administrative solution ideas with the continental judicial civil law practice.

The ideal solution is to provide effective child support that is enforceable throughout the EU and is proficient in acquiring and collating information and distributing maintenance, regardless, and irrespective, of nationality, place of residence and circumstances. Common child maintenance payment enforcement could then provide a more effective service to all beneficiaries, whichever country they reside in.

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Lostcsaanswers - Your Question:
I had a 1night stand with an African girl I met on the internet 2 years later I get a letter from the csa saying I need to pay for the child she had I feel I have been trapped. Does this girl who isint a British citizen have any rights to claim from me as she is only here in a Work visa all advice would be approximated as the csa keep blanking me when I ask for the law in black and white for nine residents from Africa on a visitors visa thanks

Our Response:
The mother of your child does have a right to claim from you. Both consenting adults can ensure they use contraception if they do not want to take the risk of having a child. By law, every biological non-resident parent is deemed financially responsible for paying to help support their child until the child leaves full-time education. There is no discrimination between the person's nationality/or whether they are in the UK on a visa and the ability to claim child maintenance from the other parent. It is also not advisable that you disregard any requests for payment from CMS, as you may find that you have a hefty bill of arrears which will mount up if you refuse to pay. If you think you may not be the father of the child, then you can challenge this, please see link here. However, if you decide to challenge this the CMS may postpone their requests for payment, or ask you to continue to pay until the result is returned. Please also be aware that if you are given the choice to postpone payment and the result comes back that you are the father, you will owe back-dated child maintenance from the interim time you haven't paid.
ChildSupportLaws - 20-Oct-17 @ 3:29 PM
I had a 1night stand with an African girl I met on the internet 2 years later I get a letter from the csa saying I need to pay for the child she had I feel I have been trapped. Does this girl who isint a British citizen have any rights to claim from me as she is only here in a Work visa all advice would be approximated as the csa keep blanking me when I ask for the law in black and white for nine residents from Africa on a visitors visa thanks
Lostcsaanswers - 18-Oct-17 @ 11:14 PM
Dannii - Your Question:
I have 4 children and their dads (1 to one bloke and 3 to my last partner) have never paid for anything towards their children the eldest is now 19. my other 3 are 12,9,6 and I've never had anything from their dads

Our Response:
You can apply from the CMS and if the father is eligible (i.e earning a living), then you will be able to claim. Please see link here.
ChildSupportLaws - 9-Sep-16 @ 11:56 AM
I have 4 children and their dads (1 to one bloke and 3 to my last partner) have never paid for anything towards their children the eldest is now 19.. my other 3 are 12,9,6 and I've never had anything from their dads
Dannii - 8-Sep-16 @ 11:37 PM
I am Danish and living in the UK. My ex husband who is the father of my two daughters lives and works in Qatar, He is also Danish. He pays and contributes nothing towards my daughters well being, clothing schools etc. We lived abroad before and it went to court where I got full custody of my youngest daughter (12) because of this he is not and has not met any of the courts orders from Oman where the case was held. I am stuck with what to do or where to turn? He is employed by a Danish company?
Bettina - 15-Jul-15 @ 6:43 PM
If the absent parent of a child born before 2003 was present at the registration of the birth of the child, but meets no other criteria for "parental responsibility", does he automatically share parental responsibility?
Tabitha - 15-Jul-13 @ 8:54 PM
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