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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
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hi again i have decided to go back to court where the order

Customer Question

hi again i have decided to go back to court where the order was made in July. My ex husband as you know lives in China and his company is American owned. I do however believe that they own property in the UK though it might be in his wife's name. The CSA said they cannot help me as it has to go back through the court where the order was made and unless his business is British owned they cannot do anything either. With these circumstances what exactly can i expect a court to decide upon. I know he and he and his family come back to the UK once or twice a year for holidays.
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.
Are there any current Order's for Child Maintenance in place?
Clare
Customer: replied 2 years ago.
Yes, the last one was made in as part of a consent order at Lambeth court which we both signed.
Expert:  Clare replied 2 years ago.
HI
When was that made and for how much?
Clare
Customer: replied 2 years ago.
It was made in July 2014' for £500 a month until my son leaves full time education.
Expert:  Clare replied 2 years ago.
Hi
How much are the arrears so far?
Clare
Customer: replied 2 years ago.
Just one month at the moment, I have tried contacting him and they have blocked my email, his solicitors told me not to contact him either. He also sent a message to my son saying he is not paying any money.
Expert:  Clare replied 2 years ago.
Hi
Are his solicitors still actually acting for him?
Clare
Customer: replied 2 years ago.
They don't appear to be
Expert:  Clare replied 2 years ago.
Hi
Do you know when he is next due in the UK?
Clare
Customer: replied 2 years ago.
Not at the moment but I don't expect him to be back until next summer.
Expert:  Clare replied 2 years ago.
HI
Does your ex have a UK bank account?
Clare
Customer: replied 2 years ago.
i think so, aside from the fact that my old join account is still open with him the one that he pays maintenance into and is registered to his address in the UK, althouhg he only uses it to desposit the maintenance money which as you know is in arrears.
Expert:  Clare replied 2 years ago.
Hi
Do you know which account the money comes from?
Clare
Customer: replied 2 years ago.
i believe it comes from their joint account but the acct no doesnt show up but the bank might be able to tell me
Expert:  Clare replied 2 years ago.
Hi
Have you considered arranging for a Credit Check against his name?
Clare
Customer: replied 2 years ago.
Would that show his status in Britain?
Expert:  Clare replied 2 years ago.
Hi
The problem that you face is that whilst you can enforce the Order you can only realistically do this is in the UK as trying to enforce in China is not likely to be cost effective
On that basis it could be worth paying for a basic check to be done by an enquiry agent here in the Uk to trace whether or not there are any assets that you can take action against.
The enforcement options are here
http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
If not then the obvious way forward would be to prepare the paperwork for a Judgement Summons to be issues the next time he is in the UK
I hope that this is of assistance - please ask if you need further details
Clare

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