Re:breaking a court order

hi jj,
i hope anything i say from my own exsperience can aid you in anyway ,firstly my 1st application was refused as the courts stated there was no periodical payment set in the 1st order so ther was no grounds to enforce or varifie of which i was applying, so the 2nd application was worded so as to enable the court decreation ie direction seems direction was a very powerful meaning used by the courts ,if this helps this is the actual terms used by the court informing me my application was successful and my hearing date set ,
IT IS ORDERED THAT
the applicants application to vary the order dated 6th oct 09 be deemed to include also an application for direction as to the enforcement of the respondants undertaking contained in the order
the application be listed for direction on the 13th dec 2011 .
also in the application i enclosed facts of non payments for the judge to review short statement of exsplanation and a copy of the original order with highlighted decreations ,this became my hearing the judge refered to it all through the hearing and used it as factual evidance ,also on my application i stated on the courts findings the respondant recieved all costs so yes you would recieve all return of costs incured if a liability is ordered against the respondant ,but i did state that on my application to also be heard ,
im so sorry to hear of your dilema and i hope any of this can be of some help but from my own exsperience i feel i wasted a lot of time and money seeking legal advice cos in the end i had all the evidence and had so for a long time and legals were telling me i had no hope ,so i bit the bull by the horn and just went for it alone and reped myself only to have the outcome i should have done it along time sooner ,i now have new orders and yes i have recieved my first payment before due date and he has complied with paying the csa my full rate of child surport of which i did have a secondary part of my liability against him set in the new order that the order stated he could pay monthly payments of what was owed only if he complied with future csa demands so now if he fails the csa i can drag him back to court faster than the csa can for non payment ,his done himself no favours cos now he pays me full csa rate on top of my arrears and costs on top of all his solicitor costs ,i do hope ive helped and here if i can help at all some more ,
hillary

Thanks Hillary

Our Consent order is less than a month old, but X always defaults in Dec!! & think X now things he doesn’t have to bother at all.

I feel I am being more than fair, I am not going for any missed payments before the Private Agreement was set, although these were noted at mediation & I have copies of our P Agreement, Consent order and mediation info setting up the agreement etc which I will highlight and send with the forms.

If it goes to the CSA he will have to pay more than he is now per month as we set the Private Agreement at a lower rate, on what X felt he could afford & I didn’t contest that.

All I want is it to be set and paid on time & then we don’t have to bother with each other at all, I never stop him seeing our kids, mention it to them etc - but as some of the money goes direct to them have had to say no to giving them spending money this time.

It just seems never ending, if it was reversed I would have set it all up & never defaulted – these are OUR kids, not mine not his - ours & as such will always be both OUR responsibility, it appears that because X has Divorced me he thinks he has divorced them financially?

In an ideal world I would love not to need the £ from him but unfortunately am not there yet. A work in progress as I am paying OUR/His debts off.

Thanks for your help, the forms are daunting & the sols are too costly so am off to do it myself and see where I get.

JJX

Hi all,
Thanks for the help.i recieved 55% of the equity.and also have a pension sharing order,of which i have never heard any more about ??!
i used the cash to buy ahome and have a substantial mortgage.
the girls are now 18,19.and the consent order was too remain in place until the end of tertiary ed .
I have been advised that because the court order is over a year old .and is for cm i cant go through the courts.

I DEFINITLEY CANT GO THROUGH THE CSA AS IF YOU ARE NO LONGER GETTING CHILD BENEFIT ,FOR THEM YOU CAN NOT GET MAINTENANCE PAYMENTS THROUGH THE CSA.

So really i am left feeling i have been really given a raw deal here .


thanks for reading
FEE

Okay, so the children are not in further education but at degree level. That means that you must go back to court as he is meant to pay until the end of first degree.

If your youngest is not 19 and is studying at further education, i.e. not degree level, you should still be getting child maintenance and also child benefit.

As regards pension sharing, you should have documentation relating to that. If you have not received that you must get onto the company who are paying the pension and discuss with them.

I know, its a shit situation. Be proactive and ring the court where you got the consent order stamped tomorrow and they will advise you on the forms you need to complete.

I wish I had got a court order until my girls finished university, but sadly I believed my ex when he said he would support them throughout their university education. Of course he isn't and when my youngest goes off to university I will have no choice but to sell up.

THANK YOU FOR YOUR HELP,SILLYWOMAN I WILL GET MY HEAD AROUND THIS AND LET YOU KNOW THE OUTCOME ,
ALL THE BEST TO YOU AND YOURS
FEE X