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Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33284
Experience:  family solictor with 25 years experience
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Divorced in Nov 2014, since then maintenance payments have

Customer Question

Divorced in Nov 2014, since then maintenance payments have been an ongoing challenge, payments late, school fees not paid etc. As of Jan 1 2016 not paid any maintenance, with 3 months of accruals, claiming he is going bankrupt and business in state of insolvency yet still living high life with new wife and living in tier 1 area in London. I have issued 5 letters from a solicitor, requesting politely transparency and accountability and responsible behaviour and he fails to respond and when he does says 'I will let you know.....I am busy' . I have requested statement of what can be paid, when, and he is ingoring, which is a considerable issue for me and our 2 children. I am simply not getting through that this is unacceptable. Our divorce and financial decision on maintance was made in the English courts. So not through CMA or CSA. Can I take him to court? How, with what forms and process? I want legal stamp on every setp - he holds no assets so going to his home is not an option but putting a priority payment on his account would be. FYI: he owes me three figure sum cumulative from loans, outstanding payments/savings he overwithdrew. Thank you
Submitted: 9 months ago.
Category: UK Law
Expert:  Clare replied 9 months ago.

Hi

Thank you for your question

My name os Clare

I shall do my best to help you but I need some further information first.

Is your ex in the Uk?

Customer: replied 9 months ago.
he lives in London.
Expert:  Clare replied 9 months ago.

You can apply to the court to enforce the order - your options are set out here

http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/1197/EX327.pdf

(the judgement summons is often effective - but NEVER register the order in the magistrates court)

Alternatively you can let the court chose using a form D50K here

http://www.familylaw.co.uk/system/uploads/attachments/0002/0863/D50K.pdf

I hope that this is of assistance - please ask if you need further details

Clare

Customer: replied 9 months ago.
This is good, thank you, ***** ***** be responsible for accruals? Do not want to send him to jail but clearly raising two children on 0 is impossible!
Expert:  Clare replied 9 months ago.

Do you mean interest or costs?

Customer: replied 9 months ago.
meant money he owed from maintenance actually, and though he is claiming to be going bankrupt I am hoping it all can still be sorted. FYI if filing for bankruptcy (but married and clearly wife has income) do I need to change my approach?
Expert:  Clare replied 9 months ago.

Sorry - the above sets out how you enforce the arrears - and family Court orders survive bankruptcy

If he has no income I am afraid his wife does not have to take over payments

Customer: replied 9 months ago.
Thank you for the response, in summary, judgement summons Last q: in your view is it irregular at some point to forbid parental visits till economics are sorted? Will the mother be viewed as being unduly horrible?
Expert:  Clare replied 9 months ago.

There are various options available to you to enforce

It is certainly not appropriate to link contact and maintenance and would be seen as unreasonable by the courts

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