How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

Hi In 2007 during my divorce proceedings I was awarded an

Customer Question

Hi
In 2007 during my divorce proceedings I was awarded an interim money order. when this was granted, because I knew that my husband would not pay me willingly, the judge issued an attachment of earnings order. However this was not very useful as he was self employed at the time but working for the same contractor all of the time. The final consent order for global maintenance was granted in Dec 2007. Since then my ex husband has never paid the full amount of maintenance even though I have our 3 children to support from this maintenance. I understand that I can fill in a form and ask the court to enforce the order but as my ex husband is now working as an employee for a company, can I just apply to the court and ask them to reissue the attachment of earnings order to his new employer?
many thanks
June
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.
How much are the arrears?
Clare
Customer: replied 2 years ago.

Hi


Because he has never paid the full amount ever in 7 years, I thinks it's approximately about £44,000.


 


June

Expert:  Clare replied 2 years ago.
Hi
How much shoudl he have paid each month and what have you done in the past to enforce the Order?
Clare
Customer: replied 2 years ago.
Hi,
The original consent order was for £35,620 per annum. However it also states that this amount will increase each year by the annual CPI rate. Having used the ONS CPI yearly tables, I now believe this amount has increased to £42,816.
As my ex husband was paid weekly, the order stated that he should pay this amount in weekly payments.
Also I should say that the figure I gave you earlier only relates from Jan 13 to date, the overall amount of arrears since 2008 is in excess of £100,000.

Many thanks
June
Expert:  Clare replied 2 years ago.
Hi
Which court made the Order and is this spouse or child maintenance?
Clare
Customer: replied 2 years ago.
The order was made by Wandsworth County Court and it is a global maintenance order which I believe is for spousal maintenance.
June
Expert:  Clare replied 2 years ago.
Hi
When did he last make a payment and how much was it?
Clare
Customer: replied 2 years ago.
My last payment was on 25 July in the amount of £800, the payment before that was on 27 June and was for £600.
As I said he pays what he wants when he wants.
June
Expert:  Clare replied 2 years ago.
Hi
You need the permission of the court to enforce arrears that are more than 12 months old as you will have to explain why you have not taken action earlier.
Your options for enforcement are set out here
http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
(NEVER register the Order in the Magistrates Court)
You can either ask the Court to decide what action to take - or apply for the Attachment of earnings order immediately
The form you need is here
http://www.daviessolicitors.co.uk/forms_davies/Civil%20Disputes/Request%20for%20attachment%20of%20earnings%20order.pdf
Please ask if you need further details
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)