Hi there. I've been reading the forum for the last year or so and got a lot of information, thank you all!

Well, to cut a long story short:
I've never been married to the father of my child; he left when I was 4 months pregnant and married somebody else (who's now divorcing him). He never made any financial contribution (also couldn't be bothered with any parental responsibility). To make ends meet I had to start working again 5 days after my son was born! I've been living in a non-REMO country so had to go through the English court system to file for child maintenance, and we went through the FDH, one FDR (that was adjourned), a second FDR (that was absolutely frustrating), and the FH last month that was just wonderful. The father of my child didn't help much in the whole process, didn't provide full financial disclosure, lied during cross examination (and was caught!), etc... The judge was great and ordered him to pay monthly child maintenance, a lump sum, and my legal bill!

After the final hearing the father of my child stopped all communication with me and won't answer to any email, letter, phone call... Also, it's no big surprise that he hasn't made the first payment yet (and I would be very surprised if I received any money at all before I go back to court next year to enforce the payments).
To enforce payment of the lump sum I will ask to put a charge on his house and ask the judge to make an order to sell the house (not that he will sell it anyway! would be the first time that he adheres to a court order!). His bank accounts are either together with his STBX wife or abroad - so there's no chance that I can apply for a freezing order.

Is there any way to enforce successfully a court order taking into account that he seems to be what people call a deadbeat dad? I must say I'm at my wit's end - it's dragging on since 3 years and we've just had the final hearing and I thought everything would be ok now, but it will take ages to enforce the court order of the final hearing, then again it will take ages to enforce the court order to sell his house, etc... I'm also working full time, caring for my son full time, it's like burning the candle at both ends...

Sorry for the rant. Anyone with a good idea how to make him pay according to the court order?

No suggestions?

Would it be possible to get a penal notice attached to the court order, so if he doesn't pay monthly maintenance he would have to go to prison? This would certainly wake him up!

Is it possible to confiscate a passport and/or driving licence? This would also help a lot (since he wouldn't be able to go on expensive holidays any more

Hi sad mum,
Its a slow process but my understanding (and hope as i have just commenced with the process) of an enforcement order is that the Courts will be p**** off that their decisions are ignored. Good luck ...keep me posted how u get on

I would also be grateful for any views/opinions...indeed any info on enf orders
Elle

Most people readily comply with financial orders made by the court, whether the order has been negotiated by agreement or made by a Judge following a contested hearing. In some cases, however, steps have to be taken to make one of the parties (the defaulting party) obey the order. The courts have a wide range of remedies, which include:

Attachment of earnings order. This type of order requires the defaulting party’s employer to deduct payments from his or her salary at source. It is often used as a way of enforcing maintenance orders.

Charging order. This type of order gives the person enforcing the order a charge over one of the defaulting party’s assets for the amount due. Assets that can be charged include houses and shares. Once a charging order has been obtained then an application can be made to the court for the asset to be sold so that debt can be paid off out of the proceeds of sale.

Committal. The court has the power to commit a defaulting party to prison for failing to obey a court order. However, committal proceedings cannot be used to enforce payment of money. They can only be used to enforce performance of an order or undertaking to perform a specific act (such as to transfer a property or a life insurance policy or make a child available for contact).

Execution of instrument. The Judge has the power to sign an instrument (i.e. document) if the defaulting party refuses to do so, for example, if the court has ordered that a property be transferred but one party refuses to sign the transfer.

Third party debt order. The court can order people or institutions who owe money to the defaulting party (the third party) to pay it instead to satisfy a debt owed by him/her under a court order. Usually third party debt orders are made against the bank at which the defaulting party has a bank account. The order freezes the account and requires the bank to pay sufficient funds from the account to settle the debt.

Judgment summons. This is a procedure by which a defaulting party is cross examined before a Judge and, if they fail to explain satisfactorily why they have not complied with the court order, they can be sent to prison. However, the impact of the Human Rights Act 1998 means that the same standard of proof and evidential rights as in criminal trials applies.

There are also other forms of enforcement less commonly used. These include sequestration (under which the assets of the defaulting party are seized and placed under the control of a sequestrator appointed by the court), bankruptcy (under which the defaulting party is made bankrupt though matrimonial orders are not provable in bankruptcy, oral examination (whereby the defaulting party is required to attend court and examined by a court official so as to disclose details of his financial position) and registration in the Magistrates Court (whereby the order is registered in a Magistrates Court which then takes over responsibility for enforcement of the order).

After 2 years or so of beign divorced I am going down the route of a penal notice against my ex-husband as he too has ignored our consent order and has not removed my name from the mortgage.

I am unable to get a mortgage as I am still on the one for our FMH - this should have been resovled at the of the divorce and wasn't.

Sometimes people think they're above the law. I had offered to pay all but his legal bills to remove my name, and had in fact spent a fairly considerable sum to effect this, but he refused to sign the paperwork unless I paid his legal bill.

I refused and it's now going to court. What a pig!

I am told by my Sol that he really doesn't have a leg to stand on, so I am spending money to resolve this but hopefully will be awarded costs by the Judge who will see - of this I am certain - that the petty stupid idiot is so arrogant he deserves to pay it all x

Hi,

We have a consent order by agreement a year ago. However, my ex has not complied to2-3 items of the order. I have reminded him for the last 12 months and to no avail. What can and should I do to enforce the order?

Because the order was by agreement, I stupidly agreed to SM on basic living needs only although it is indexed ­link­ to RPI on anniversary. Me and my children live in MH (ex's cole name) which has a legal charge to his uncle and I pay monthly payment to his uncle as mortgage. A year ago, there was a big equity in the property. But now, it may go negative equity due to current climate. So, being spiteful I think, he wants to declare himself bankcrupt so his uncle can have the first claim to the property and have nothing left for us to rehouse. Can this happen?

What would the court say to this strategy plotted by ex?

Hope anyone expert in this area can shed some lights? x

Faithful,

A court order is just that...an order made by the court....the legal deciding factor of our land.....sols cannot change court orders without the permission of the court ...they can make a lot of money and stir up a tsunami between separate parties in the corridors....but they cannot change a court order.....a court will and can change a court order through the correct chanels, but will not look lightly upon anyone especially sols that think they can change a court decision.

Elle