How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28301
Experience:  25 years experience of all aspects of family law
13262538
Type Your UK Family Law Question Here...
Clare is online now
A new question is answered every 9 seconds

Hi, I am looking for advice on a number of issues relating

Resolved Question:

Hi,

I am looking for advice on a number of issues relating to my ex-partner and father of my child.

Background:

1. He owes me a considerable amount of money (c. £25,000) and I have secured a court order for £10,000 of this debt which he initially tried to ignore. Eventually I managed to secure an Attachment of Earnings order for him to repay me on a monthly basis. Unfortunately, after 3 months of payments they stopped as he left his employer and I am unable to locate him as he has moved.

2. As the father of my daughter he is required to pay me maintenance and after considerable effort, the CSA managed to ensure he paid me on a monthly basis. These payments stopped at the same time as he left his employer and could not be located. I have been in communication with the CSA over the last 6 months and they have managed to track him down and they are in the process of evaluating the next steps in securing monthly payments and backdated monies owed. Unfortunately the CSA will not advise me of my ex-partners address, and therefore I am not currently able to proceed with enforcing the court order for the money he owes me.

3. My ex-partner has made it clear to me and the courts that he has no intention of paying back money owed and will do everything in his power to avoid doing so. I believe he has a mortgaged property (little equity), cars and motorbikes purchased on HP and pleads poverty despite previously having an annual income of £75,000+ for many years. He also has a child by a different partner (as advised by CSA) who I understand is also chasing him for child maintenance - you get the picture!!

Given this scenario I would therefore like assistance with the following queries:

1. What is the best way of locating his new address?
2. Is there a way of ensuring the CSA provide me details of his whereabouts?
3. Once located, what is the best way of enforcing the court order that I have?
4. I also want to start proceedings for the additional £15,000 owed, should I start this immediately once I locate him, or would it be better to get the current order enforced and paid first?

I look forward to some answers, in the meantime please let me know if there are any other details you need to help with giving best advice.

Thank you Hazel.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question
My name is XXXXX XXXXX I will do my best to assist you.
In Order:_
1. An Enquiry Agent (Private detective) is your best hope here - Yell.com should give you some local numbers - average cost about £80
2. Sadly no by Statute they cannot give you the address (although it has in the past happened by accident when they have provided a full copy of a file (£10 under the Freedom of Information Act)
3. You need to find out his financial position so an Oral Examination would be a sensible first step - however all the options are set out here
http://www.compactlaw.co.uk/free-legal-information/small-claims-court/enforcement.html
4. Personally I would suggest it was a good idea to find out what his financial position actually is before incurring extra costs - but that is a personal opinion - legally the choice is yours
I hope that this is of assistance - please ask if you need further details
Claire
Claire
Customer: replied 1 year ago.

Hi Claire,


 


Thank you for your answer.


 


Is it not at all legally possible for a court to instruct the CSA to give the address?


 


Thanks,


 


Hazel


 

Expert:  Clare replied 1 year ago.
Hi Hazel
No I am afraid not
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28301
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Ok, Thanks for your advice.


 


Hazel

Expert:  Clare replied 1 year ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Barrister

    Satisfied Customers:

    779
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    779
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/hartsol/2009-08-11_134750_s629545647_1406287_2616.jpg jusleen's Avatar

    jusleen

    Family Lawyer

    Satisfied Customers:

    609
    Qualified Family Solicitor practising family law since 1999. Member of resolution.
  • http://ww2.justanswer.com/uploads/griffintigger/2009-2-20_19450_jo1.jpg Joanne B's Avatar

    Joanne B

    Family Solicitor

    Satisfied Customers:

    405
    Qualified 1999 with over 12 years experience in Family Law.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    400
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Solicitor

    Satisfied Customers:

    302
    Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    232
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    179
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)