As part of a divorce financial settlement (order dated 27.11.01) in 2001 I contributed an amount of £50K to a fund to be administered by my ex wife to be used solely to take our children on holiday with her. The residual would then be shared between the children on 20th August 2013. In 2008, where the sum left in the fund was about £33k, my ex wife took this money and used it for her own personal use. In a court order in 2009 she was ordered to repay the money owed by 31st March 2010. Despite numerous requests nothing was ever paid back and now that the money is due to the children I made a claim through money claim on line on behalf of the children to get this money paid back. The case was finally transferred to Watford County Court, where the order to pay back the money was made in 2009, and I have today received an order telling me that the claim has been stuck out because ' The claim is struck out as disclosing no reasonable ground for bringing the claim. (It is plain that the Order of 27.11.01 that no money is due to the claimant. If there is dispute this is within the divorce proceedings and any application should be made within those proceedings)'. I do not undestand this as my ex wife is in clear breach of the order asking her to pay the monies back. Help please. The order was made without a hearing
Many thanks for your input. having looked at the info sheet I am a bit confused as to what would be the best route to take. The order in question was a 'General Form of Order - Ancillary Relief. (not sure if I have done this correctly but I have tried to attach copy of the order below)
Are you saying that I cannot apply on the children's behalf even though they are now the beneficiaries of the money and that I have to apply myself?
So If I believe she has the money then I would apply via the third party debt order or equitable execution ?
Many thanks, XXXXX XXXXX the form D50K I'll take that route. So al I do is complete is and send it correct?