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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33515
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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I am recently divorced and my ex-husband was ordered by the

Resolved Question:

I am recently divorced and my ex-husband was ordered by the court to pay £700 in child maintenance through the CSA. He was making this payment albeit reluctantly by way of paying late not the full amount etc, that is to say his own interests came first.
However since the beginning of the year the payments have stopped altogether and I was told by the CSA that my ex was now living in Jersey. I was unable to contact him because he and his partner have moved from their rented house without trace, but I have since learnt that he now works for a Jersey based company, although I am not sure if he has residency in Jersey or not.
At the time of the divorce my ex-husband was also ordered to pay my court costs, which he agreed to pay direct to my solicitor. He has not paid this and now my solicitor is threatening to take me to court to recover these costs and since he left me with a pile of bills I am in no position to pay. Some friends have offered to loan me the money to save me from the courts on the understanding that I will be able to recover the money by taking out a court summons on him.
Could you please advise me on the best ways to go about getting the arrears and future payments of child maintenance and if it would be possible to trace him and take him to court for the court costs he owes me?
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.
For clarity what is the wording of the court order?
Clare
Customer: replied 2 years ago.

The court order from the final hearing only mentions spousal maintenance, the child maintenance was already with the CSA.


 


Although mentioned in the court hearings it wasn't until the issue of the Decree Nisi that it was written that:


 


"upon making the Decree Nisi ordered that the Respondent pay the costs incurred on behalf of the Petitioner in this cause."


 


The Respondent being my ex-husband.


 


Julia

Expert:  Clare replied 2 years ago.
Hi
I she still paying the Spouse maintenance?
Clare
Customer: replied 2 years ago.

He is, but that just about covers the joint mortgage and not much else. Our children are 12 and 10 years old and their needs, as normal, are becoming increasingly more costly.

Expert:  Clare replied 2 years ago.
Hi
How much are the arrears and how much is owed on the Court Order?
Do you know anything at all about his financial position?
Clare
Customer: replied 2 years ago.

Hi Clare


I will have to get back to you later, something has cropped up that I will have to handle.

Expert:  Clare replied 2 years ago.
Hi
That is fine
Clare
Customer: replied 2 years ago.
Hi Clare in answer to the last question. The CSA closed the case in March as my ex husband informed them he was now working for a non UK company and no longer residing in the UK. Therefore they had no jurisdiction to pursue him. Through my own research it has since transpired that he's been appointed as a senior consultant for IT company C5 Alliance based in Jersey. I'm not convinced he is permanent resident in Jersey as his Partner who is due to give birth to their child in June is still living and working in Lymm in the UK.

If the CSA had not closed the case the arrears for child maintenance would stand at £1700 to date. The divorce costs are £1200.

He will not respond to my communications and I have no way of tracing his whereabouts I'm at a loss at what to do next.
Expert:  Clare replied 2 years ago.
Hi
I know it is an obvious question but I need ti ask - have you instructed an enquiry agent at all?
Clare
Customer: replied 2 years ago.
My dad paid someone online to trace him and his partner but came up with his mums address and her dad's address as the last known one which doesn't really make any sense. What's an enquiry agent?

Thanks Julia
Expert:  Clare replied 2 years ago.
Hi
Just to check - does he own the house with his partner - and does he have any contact with the children?
Clare
Customer: replied 2 years ago.
I don't know if he owns the house with his partner but it's unlikely because he still jointly owns the FHM. He has no contact with the children despite my requests. I know nothing about his situation apart from his employment. There is no public record of either of them anywhere. The CSA couldn't or weren't allowed to tell me the address he'd given them.He originally lived in Lymm with his partner up until September last year in rented accommodation. I only found out that they had moved on when I went through there and the new tenants advised me. His partner also stated on a social networking site that she had moved into a new property and defined it as 'her new property'. He was working for an IT company in Lymm up until January this year. According to the CSA he was claiming benefits for a period of 3-4 weeks before starting his new job in Jersey at the beginning of February. From the time he informed the CSA that he was on benefits this is when payments ceased.I have lived in the fmh in Nottingham since our separation in May 2012. I am struggling to keep it all afloat and am concerned for the future of my children.Sorry to edit my original reply I just thought of a few more things that may be relevant. Julia
Expert:  Clare replied 2 years ago.
Hi
There are a number of options here
The starting point is to use an enquiry agent - a Private Detective - to trace him.
If he is actually resident on Jersey then you need to apply to the Court that dealt with the divorce for a Child Maintenance Order which you can either enforce in Jersey - or chose to enforce when he visits the mainland by way of the threat of imprisonment
If he is NOT resident in jersey but simply working there then you can report that to the CSA - but you can still enforce the Court Order via the laws on Jersey - the process is described here
http://www.bedellgroup.com/siteFiles/resources/docs/insights/Briefings/Litigation-Jersey/enforcementofforeignjudgmentsinjersey.pdf
I hope that this is of assistance - but please do ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare


Sorry to leave it so long before getting back to you, but I've just found out from C5 Alliance who he works for that he is in fact currently working for them in England and uses his mother's address in Kent. I have contacted Child Maintenance Options who seem to have taken over from the CSA, but they said that because the CSA closed the file they would have to wait 13 weeks before another can be opened. As you can imagine he could be anywhere by that time.


Regarding the court costs that he is liable for, could I take steps through the court to have him questioned about his ability to pay even if I haven't actually settled the bill with the solicitor? This would save involving friends who have offered to pay the bill as a loan to be paid back as soon as I can recover the money from my ex.


Thank you for your answer to date, I am considering my options there, but this information as only just reached me.


 


Julia

Expert:  Clare replied 2 years ago.
Hi
That is excellent news.
However go back to the CSA - they had no right to close the file so should reopen it immediately
You can indeed start to enforce the other order immediately - your options are here
http://www.familylaw.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare


I have contacted the CSA, but they say they are quite satisfied that they have confirmed that he does reside in Jersey.


 


I was thinking of trying to apply an attachment of earnings rather than try to catch him with a court summons. Could one be applied with a Jersey based company?

Customer: replied 2 years ago.
Hi can I apply for an attachment of earnings if he is employed by a Jersey based company? I called the CSA by the way who no longer seem to exist it's all dealt with by the others I spoke to.

Julis
Expert:  Clare replied 2 years ago.
Hi
I am afraid that you cannot use an attachment of Earnings order against a Jersey Company
However since he is living in the Uk you can go ahead and apply for a maintenance order - and you can also apply to enforce the costs order using this form
http://www.familylaw.co.uk/system/uploads/attachments/0002/0863/D50K.pdf
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33515
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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