If you are receiving child maintenance from someone who lives outside the UK, it can be difficult to know whether the amount you receive can be changed. Many people feel uncertain about how international child maintenance works, especially when circumstances change. Understanding your legal position under UK law can help you feel clearer about what options may be available and what steps you can take next.
This article explains, in plain English, how child maintenance increases may be handled through REMO and what to consider if the current amount no longer feels appropriate.
Understanding the issue or context
REMO stands for Reciprocal Enforcement of Maintenance Orders. It is a legal process that allows child maintenance orders to be enforced across borders when one parent lives in another country.
Problems often arise when circumstances change after the original maintenance order was made. For example, the paying parent may now earn more, or the child’s needs may have increased. When this happens, it is natural to wonder whether REMO itself can increase the amount of child maintenance you receive.
It is important to understand that REMO does not automatically reassess or change maintenance amounts. Its main purpose is to help enforce existing court orders internationally.
The legal rules or framework
Under UK law, child maintenance is usually set either by the Child Maintenance Service or by a court order. When a court order exists and the paying parent lives abroad, REMO can be used to enforce that order in the other country.
However, REMO does not have the power to vary or increase maintenance on its own. Any change to the amount must usually be made by the court that issued the original maintenance order.
If circumstances have changed significantly, such as an increase in income or changes to the child’s financial needs, an application to vary the order may be possible. The court will consider evidence and decide whether an increase is justified.
Practical steps to take
If you believe child maintenance should be increased, the following steps can help provide clarity:
- Identify which court made the original maintenance order.
- Gather evidence showing what has changed since the order was made, such as increased costs for the child or information about the other parent’s financial situation.
- Contact the issuing court to ask about applying for a variation of the maintenance order.
- If the paying parent lives abroad, check whether REMO will be needed again to enforce any updated order.
- Consider whether fixed-fee legal advice could help you understand your position before making an application.
Taking these steps can help you move forward in a structured and informed way.
Common pitfalls to avoid
One common misunderstanding is assuming that REMO can independently increase maintenance payments. This often leads to frustration and delays.
Another risk is applying to the wrong body. If a court order exists, changes usually need to go back to that court, not directly through REMO.
Finally, acting without evidence of changed circumstances may weaken your position. Courts generally require clear reasons before increasing child maintenance.
Frequently Asked Questions
Can REMO decide how much child maintenance should be paid?
No. REMO enforces existing orders but does not decide or change the amount.
Do I need to go back to court to increase child maintenance?
In most cases, yes. The court that made the original order usually handles variations.
What counts as a change in circumstances?
This may include higher income for the paying parent or increased needs of the child.
Can maintenance be increased if the other parent lives abroad?
Yes, but the increase must normally be ordered by the court first, then enforced internationally.
Is evidence required to apply for an increase?
Yes. Courts expect clear information showing why the current amount is no longer appropriate.
Should I get legal advice before applying?
Many people find that fixed-fee advice helps them understand their options and avoid mistakes.
Conclusion
If you’d like to understand your rights and options in plain English, visit LegalGuidance.org — a free resource powered by Martin Taggart Legal Consulting.
For professional, fixed-fee advice from a UK solicitor, visit MartinTaggart.com.
This information is general guidance only and not legal advice. For personalised support, please contact Martin Taggart Legal Consulting.