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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
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 would like to ask a question on behalf of my daughter with

Customer Question

I would like to ask a question on behalf of my daughter with regard to her ex husband and his non payment of child and spousal maintenance which was ordered by the courts.
They were divorced last year and proceedings went to a final hearing where he was ordered to pay £900 spousal maintenance and £700 for the two children which he was doing through the CSA. At the beginning of this year the child maintenance stopped abruptly and the CSA reported that he was in Jersey and out of their reach and there was nothing they could do. It did transpire that he was working for a Jersey based company but we learned that he was still doing work on mainland England as well as in Jersey. When he didn't pay the spousal maintenance my daughter informed the court that he wasn't complying with the Order made and a date was set for both parties to appear in court after completing a financial disclosure on Form E. My daughter sent him a copy of Form E and a copy of the order from the court to his address in Jersey, to be signed for on delivery. The envelope was opened and came back marked "Return to sender" by him.
I am asking for any advise about what can be done in a situation like this. He has texted my daughter saying that he doesn't have to pay anything now that he is in Jersey.
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.
What has your daughter actually applied to the court for and is her ex still working on the mainland?
Clare
Customer: replied 2 years ago.

She has a new order from the court in Nottingham, the child maintenance has been put on the order and sent to the court in Jersey.

Another is for the court bailiff to serve him a notice to appear in court concerning his debt for the divorce costs which he was ordered to pay.

He has also been ordered to fill in a financial form E and send to the court.

I have copies of the orders but they are in jpeg format and I am having trouble attaching them to this message.

Expert:  Clare replied 2 years ago.
Hi
He is wrong and he will have to pay
It would be best to arrange for a Process Server to personally serve him in Jersey rather than relying on the Court Bailiffs.
This will be faster
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Dear Clare

Thank you for your reply and apologies for delays in replying. My daughter was wanting to know if he could choose to ignore everything because he is living in Jersey and what the consequences would be if he did and the best course of action to take.

I have already taken on board your suggestion to have a process server and have asked my daughter to try and recover a copy of the N39 form from the court bailiff for this purpose. Could the order concerning the Form E be served in the same way because he has returned the copy sent by her. The bailiff has tried to serve the N39 at his mother's address without success and that is the only address he is registered to on the mainland.

He still does some work on the mainland, but I believe everything is paid in Jersey.

Asyou can see I have managed to attach images of the court orders if you are able to read them.

Regards

For Julia

Expert:  Clare replied 2 years ago.
Hi
Thanks for that.
The Court will give her a full set if she asks (and pays the copying charges)
Serve the lot on him in Jersey (it would of course be horridly vindictive to have him served at work on the mainland.....)
Being in Jersey does not absolve him from paying - just makes an extra layer of paperwork for enforcement
Clare
Customer: replied 2 years ago.

Dear Clare

My daughter, Julia visited the court this morning and was told that it was not possible to give her a copy. I haven't had chance to ask her why yet, but it doesn't sound right to me. After all she has paid the fee for the N39 Form.

Could you please advise?

Kind regards

Expert:  Clare replied 2 years ago.
HI
I cannot think of any god reason not to give her a copy for service - she should try requesting it in writing
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Dear Clare


 


I am going to pay the money for court costs owed by my daughter to the solicitor who acted for her during the divorce. I am doing this to save her the stress of going to court and the risk of having a County Court Judgement against her. Her ex. was ordered by the court to pay these costs and at the time he said he would make payment directly to her solicitor, which he hasn't done so far. As I have said she is still trying to recover this debt from her ex.


Is there any way that after paying the solicitor that I could take action to recover the debt for myself, in other words could I become the creditor. I need to do this because my daughter is completely worn out with everything and her health is deteriorating.

Expert:  Clare replied 2 years ago.
Hi
Your daughter is the Creditor - which is why the solicitors can chase her as they are HER creditor.
So yes you can - in your daughters name - chase her ex for the money
Clare

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