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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33293
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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My ex husband owes me over £2,000 in unpaid child support.

Customer Question

My ex husband owes me over £2,000 in unpaid child support. He has now started making regular payments but is refusing to pay the money he owes. He is still employed and his wages are, if anything, more then when we agreed the payments. This was done through our divorce. Can I make him pay the money he owes?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Was this due under a Court Order or via the CSA?
Clare
Customer: replied 2 years ago.
It was agreed as part of our divorce settlement. We agreed the amount of time the children spent with their dad and the amount he would give me weekly based on using the CSA calculator.

This information was then given to the courts before we received our Decree Nisi.
Expert:  Clare replied 2 years ago.
Hi
But was it turned into a Financial Order sealed by the court?
Clare
Customer: replied 2 years ago.
It was made through a consent order.
Customer: replied 2 years ago.
It was a Consent Order.
Expert:  Clare replied 2 years ago.
Hi
Do you have a copy and what is the exact wording?
How did the arrears arise?
Clare
Customer: replied 2 years ago.
The exact wording is " The Respondent shall pay or cause to be paid within 28 days from the date of this order periodical payments to the Petioner/Applicant for the benefit of the children of the family namely Hope Lily Edwards Hayward and Charles Curtis Edwards Hayward until they attain the age of seventeen or cease full time education whichever shall be later, or further order at the rate of £60 per week payable weekly in advance on the fith day of each week or further order.

The arrears arose last year when he made a payment on 11/04/2013 then didn't make another payment until 30/08/2013. He said a payment didn't go through so his bank cancelled the standing order. He then failed to make any payments for nearly 5 months.
Expert:  Clare replied 2 years ago.
Hi
Excellent
You need to act promptly as you need the permission of the court to enforce arrears which are more than 12 months old which simply complicates the matter
Your enforcement options are set out here
http://www.familylaw.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
Do NOT use the Magistrates court option
I hope that this is of assistance - please ask if you need further details
Clare

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