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, Solicitor
Category: UK Law
Satisfied Customers: 34272
Experience:  family solictor with 25 years experience
Type Your UK Law Question Here...
Clare is online now
A new question is answered every 9 seconds

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: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.


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 1 year ago.
he lives in London.
Expert:  Clare replied 1 year ago.

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

(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

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


Customer: replied 1 year 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 1 year ago.

Do you mean interest or costs?

Customer: replied 1 year 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 1 year 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 1 year 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 1 year 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