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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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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As part of my divorce my ex was told to pay child support for

Customer Question

As part of my divorce my ex was told to pay child support for my daughter for three months until she finished education. This was part of a court order. I have not seen a penny. Therefore he is in breach of the court order. My ex is saying he paid for other items for her eg gym membership, tickets for a European flight none of which was agreed by me and I do not see them as necessities it is just an excuse not to give the money to me direct. Do I have a case
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How much does he owe you?
Clare
Customer: replied 2 years ago.
He owes me £660.00. The court order said £220pcm so June July and August at £220 in total £660.00
Many thanks
Kathryn
Expert:  Clare replied 2 years ago.
Hi
What assets /income does your ex have.?
Clare
Customer: replied 2 years ago.
He runs a number of businesses in Newbury. A letting agency, a serviced office centre but he has just put one of the businesses into volantry liquidation as he has creditors chasing him for money. He lives with his girlfriend but does not own his own home. The building he runs his business from is part of a SAS pension.....in summary he is taking a salary from his businesses but has little or no assets
Expert:  Clare replied 2 years ago.
Hi
Does he own a Car or any other valuable assets - do you have details of his bank accounts?
Clare
Customer: replied 2 years ago.
No I think he leases his car and I don't have details of his bank . He is being chased by creditors and has put his business up for volantry receivership
Expert:  Clare replied 2 years ago.
Hi
You are fully entitled toe enforce this matter - and you have a variety of enforcement options available to you
These are set out here
http://www.familylaw.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
(NEVER register in the Magistrates court))
You can ask the court to decide which option to take - the form is 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 2 years ago.

Hi Clare
So am I to register with the count court and if so can it be any county court or does it have to be the court in which my divorce was awarded. I have copied you into his e mail see below. My daughter did not stay with him for the three months as he threw her out after a few weeks and she came back to live with me



His email to me
During June to September I paid the following for Alice

Mobile Phone cost
Gym membership
Car leasing costs
Money to go to Australia
Airline ticket to Venice
Petrol for her car
Her uniform and shoes for the work
Her train fares for work at various times
Hairdressing costs
Food and keep when Alice lived with me - for most of those 3 months

That on its own amounts to way in excess of £660 and there are probably numerous other items as well that I haven’t included.

You have no case and I consider this matter to now be closed.

If you persist I will rigorously defend the claim and bring this email and itemized list of expenditure to the judges immediate attention.
End of his email
If there is any doubt the judge will award in his favour pls let me know but he hS a. Record of me having to chase him for child support
Many thanks kathryn
Expert:  Clare replied 2 years ago.
HI
What is the exact wording of the Order?
Clare
Customer: replied 2 years ago.
I have sent you my response to this have you received it thanks
Expert:  Clare replied 2 years ago.
Hi
No I am afraid not
Clare
Expert:  Clare replied 2 years ago.
The court order says 'The payments at paragraph F below discharge all arrears due by the respondent ( my ex is the respondent I was the petitioner) for maintenance ( including any payments due by way of child maintenance under the child support acts)
Child periodical Payments
The respondent shall pay by standing order periodical payments to the petitioner for the benefit of Alice born 25th October 1994 at the rate of £220 per month
Payments shall be made monthly in advance on the 1st of each month
They shall commence on 1st April 2013
They shall end on her ceasing full time tertiary education to the end of first degree course unless the court makes an order for the payments to continue to a later date payments to be suspended during any gap year.

I HAVE NOT BEEN PAID FOR JUNE JULY AND AUGUST 2013 WHICH DATES COME UNDER FULL TIME TERTIARY EDUCATION. ALICE IS NOW ON A GAP YEAR COMMENCING SEPT 2013

Finally at the bottom of the court order /divorce papers says
NOTICE
If you fail to pay any sum of money which you have promised the court that you would pay ( he signed the doc) a person entitled to enforce the undertaking may apply to the court for an order. If it is proved that you had the means to pay the sum but you have refused or neglected to pay that sum you may be sent to prison. You may be sent to prison for contempt of court if you break the promises that you have given to the court

YOUR COMMENTS PLEASE CLARE

Hi
I have it now as you can see.
was your daughter with you through the months in question
Clare
Customer: replied 2 years ago.
Yes for the most part she spent a few weeks with him but he threw her out when she had a part
Expert:  Clare replied 2 years ago.
Hi
How many weeks was she with him?
Clare
Customer: replied 2 years ago.
Three but can't be proved
Customer: replied 2 years ago.
Is it relevant about how many weeks she spent with him and how can it be proven
Expert:  Clare replied 2 years ago.
Hi
It is the only potential problem with the enforcement.
The bills he has paid are irrelevant - but if the Residence changed after the Order was made then that would effect the payments that are due
Despite this there is no reason not to start the enforcement application as soon as possible - it is for him to argue that the amount should be reduced because of this
Clare

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