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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33281
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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to whome it may concern,good afternoon,my partner has two boys

Customer Question

to whome it may concern,good afternoon,my partner has two boys with his ex wife they divorced 5 years ago and she does not pay child support she has gone through drug rehab etc and thus far illuded payments ,dec 2013 we were awarded that she must make payments now she is working but to date she has not ,her employer is stating hes lost the paper work also, so again another delay and these clubs etc cost money which i am struggling to meet boys suffered alot of disturbances and this last 17 months have resocialized them and got them involved more acedemically etc but it takes money to remain in these clubs etc and it hardly seems fare that they should suffer,we would like to take it to court how do we do this as the local csa seem rather quiet at really pushing this issue for some reason . at time of divorce and although weve seeked help with local mp and went through house of commons we have to take it to court but money is holding us back,again, i can be thrown out of the house by her technically and yet i actually am the one who is paying the rent what do we do ,we feel so frustrated and helpless..regards XXXXX XXXXX

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.
has the CSA actually made an assessment?
What have they said about enforcement?
Clare
Customer: replied 2 years ago.

they have made an assement and set an amout how much should be backpaid as well.


they firstly stated that the money would be taken out her wages ,papers were sent to the employer and we should of had first payment at end of march ,we didnt so we called csa and they stated they called the employer who now states they have lost the papers so well have to wait till end of april in the meantime school trips and clubs are out of the question and slowly all the good progress made in last 17months is now sliding away.we dont have the extra cash.csa do not appear exactly speedy in their enforcing or passionate about a successful outcome either.


sharon


 

Expert:  Clare replied 2 years ago.
Hi
What do you mean about her being able to throw you out of the house?
Does she have any Capital assets?
Clare
Customer: replied 2 years ago.

when they got divorsed it was supposed to be that the joint tenancy they had goes solely to my partner somehow it was never finished and so now we are left where we pay all the bills and the counsil says we have to take her to court to have her removed which again we dont have the finances but they informed us that the law is on her side so we went to a local mp she couldnt help the ituation either we feel that surely after 5years on paying no bills a statutes of limitations should be in some form of effect her older son came down on xmas day and hit me and told me that he was gonna have me taken care of we called the police hes 16 police spoke to him and gave warning to stay away but we went back to the council they said they couldnt help and that infact she could come to the house and have me removed as im not the tenant but the rent payments come out of my bank account.i tried to find out if there was any legal aid that could help but at this point iv discovered nothing.


sharon

Expert:  Clare replied 2 years ago.
Hi
Do you mean that the Court Ordered the Transfer of the Tenancy?
Does your partner have a copy of this?
Clare
Customer: replied 2 years ago.

no it was never completed during the divorce so it has remained that he and she are joint tenants even though divorced.there are no copies as it was never completed he has custody of the two young boys and now we are together i pay the rent and have no security what should we do


sharon

Expert:  Clare replied 2 years ago.
Hi
Does she have any capital assets?
Clare
Customer: replied 2 years ago.

no shes strung out on alcohol and drugs and lives on a barge she has nothing to do with the boys


sharon

Expert:  Clare replied 2 years ago.
Hi
Sadly there is no action that you can take in respect of the CSA monies - only they can enforce the payments I am afraid
However you can do something about the tenancy
You have three options.
Your partner could make an application within the divorce proceedings; or using Schedule 1 of the Children Act - or a stand alone application using this form
http://www.familylaw.co.uk/system/uploads/attachments/0002/0847/D50B.pdf
All of them will lead to an Order that the tenancy is transferred into his sole name
I hope that this is of assistance - please ask if you need further details
Clare

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