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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Hi,Where would I stand if I default on a payment to my ex-wife

Resolved Question:

Hi,
Where would I stand if I default on a payment to my ex-wife in respect to a divorce settlement where I have to make monthly payments of £2k+ for her so say hares in my business for 10 years! Basically since the divorce (2.5 years ago) i have been on the back foot with the HMRC in that I have paid all that is due self assesment and the settlement specified that i had to pay the ex wifes CGT again i just about paid in full last year. This has left me with no savings what so ever so when again I needed to pay my self assesment tax i have had to break it down in intsallment although this time HMRC have said that i need to pay sooner and that i have exhausted my right to pay in installments. Sorry for the long question but if i was to hold the payments so i could clear things with the HMRC then pay the ex at a later date. It would be no good asking for the ex wifes permission as it would jeopardise her 4 holidays a year and her new cars!
Hope you can help?

Best Regards

Shaun
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Has your income decreased since the Order was made?
Clare
Customer: replied 3 years ago.
Good Evening Clare,
My income has basically stayed the same, it's the out goings that remain a considerable amount. I took the decision to keep the family home for the children's sake as I have 50% custodidy and the factory that I half own with the ex wife is mortgaged against it.
I know it maybe difficult to gain the full picture but I guess I made the decision to try and keep everything as normal as possible.
The child support remains at roughly £300 for my two girls wich I have no problem with although they do not see any of it!
I also do not live any where above or near my means.
I hope this helps?
Best Regards
Shaun
Expert:  Clare replied 3 years ago.
Hi
If you default on payments then I am afraid that your ex has a wide variety of enforcement options available to her - everything from sending the Bailiffs in to Imprisonment - with you paying the costs she incurs
At what point she will apply for which method is difficult to say - but all the options are set out here
http://www.familylaw.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
Please ask if you need further details
Clare
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