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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33277
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a question on a consent Order. Summary - My ex wife

Customer Question

I have a question on a consent Order.
Summary
- My ex wife and I divorced in 2001 . We had one child , who will turn 18 @ Dec 2013
- We agreed maintenance which I always paid .
- We both agreed to make lump sum payments to our daughter .
- I agreed to make a payment of X when she reached 21 and Y when she reached 30 . I will do this no issue.
- My Ex wife agreed to set up an account where child benefits payments would be made into and when our daughter was 18, this would be paid to her. I would estimate this would amount to circa £7k.


My ex wife, has now said she closed the account and spent the money. Which is not very nice. So the question is

1. Who can enforce this , would it be our daughter or me.
2. What would the process as court and lawyers can absorb £000's very quickly.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Claire and I will do my best to help you but I need some further information first.
Was the part about the Child Benefit part of the sealed order?
Claire
Customer: replied 3 years ago.
It was a consent order , that we agreed between ourselves with assistance from our solictors . So not sure if it was , why is it relevant
Expert:  Clare replied 3 years ago.
Hi Ian
To be enforceable this has to be part of a sealed Order
Do you have a copy of the Order?
Claire
Customer: replied 3 years ago.
Really why cannot you not just answer the question It's a Sealed order. So again what is the process , who would enforce it , me or my daughter and for circa 7k is it worth it

Thanks
Expert:  Clare replied 3 years ago.
Hi
IF this unusual provision was contained within the Order then you have to apply to enforce it - not your daughter.
How you do this depends if is was in the Preamble the part before the wordsIT IS HERBY ORDERED THAT - or after it - hence the question.
If it was after those a words the the way forward is simple - you apply to recover the amount using one of the enforcement methods set out here
http://www.familylaw.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
If (as is more likely) it was before the words then it was not part of the Order - it was an Undertaking and to enforce that you will need to apply to the court on a D11 and ask your ex to account for the monies.
I am sorry that I cannot be more specific at this stage - if you need further details please ask and let me know where on the order the wording comes
Claire

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