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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33507
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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My ex husband supposed to pay child support which supposed

Customer Question

My ex husband supposed to pay child support which supposed to be £180 a month what was decided by judge in Poland . The judge knew that his daughter lives in London .He moved back permamently to Poland . I just heard he is caming back and forward for a short  time to London to earn some money and then he goes back to Poland . We have a house in London which is on both our names for which I am paying mortgage for the last 4 years .my questions are ;  Is it possible to maybe catch him at the borders and stop him to cross it ,or take him off the mortgage because I think one day he will come back and ask for his half of the house while he is not paying any  the child support  at all. Is it possible to deduct the amount of money which he didn't pay for my daughter from the profit of the house ?. What is the best solution?

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.
have you considered enforcing the order in Poland?
Clare
Customer: replied 2 years ago.

Yes, I have done it , but everything what his has it's owned by his wife ,and apparently he doesn't work . I took it all the way over there. I know he builds house in Poland so he needs to have money from somewhere that's why he comes here to earn. I feel like the law is totally not on my side .

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Dd the divorce take place in the Uk or in Poland
Clare
Customer: replied 2 years ago.

It was in Poland , I am not sure how much is worth , maybe around £240k and outstanding balance is £190k. I am paying only interest because if I paid more I am worry he will get half anyway , so what is the point to put my money into it. When I moved back into the house with my daughter . He left me with not paid mortgage for two months . I had to go to the court because of him and his unpaid mortgage . I had to pay his outstanding payments. He lives somewhere in Poland not sure where. I don't have contact with him , he doesnt care ,at least for now about the house and about his daughter .

Expert:  Clare replied 2 years ago.
Hi
What was said about the property within the financial side of the divorce?
Clare
Customer: replied 2 years ago.

It was say nothing at all. He just wanted to get divorce to remarried, and because the house is in London they couldn't deal with it in Poland

Expert:  Clare replied 2 years ago.
Hi
Ok
Just to check - do you have any warning that he will be in the UK?
Clare
Customer: replied 2 years ago.

No, he is doing everything so I don't find out .

Expert:  Clare replied 1 year ago.
Hi
It is possible to enforce the Polish Order here in the UK.
The forms you need are here
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/356014/remo-7-application-form.pdf
although you will need to obtain the Polish version of course.
You will need to explain that you wish to enforce the Order against the property that he owns here in the UK.
Once the matter has been transferred to the Uk Courts then you can in fact apply for a Judgement Summons - which would mean that he could be sent to prison OR you can ask that the debt be set against the house.
Please ask if you need further details
Clare
Customer: replied 1 year ago.

Do I need to translate the polish documents?. how I can prove it he didn't pay , do I need to take payslips from my daughter bank account where he used to put money Or shall I take all documents from my polish lawyer and just send with application form?

Expert:  Clare replied 1 year ago.
Hi
You need to make the Application in Poland first - they will then deal with the transfer of the forms to the Uk
Clare
Customer: replied 1 year ago.

I did and bailiff was involved as well . They couldn't take anything of him because everything is on his wife and apparently he doesn't work either but I think he comes over here to work for cash. So I do have polish documents from bailiff and I have done what I could out there.

Customer: replied 1 year ago.

which court do I have to explain Polish or English that I want to enforce the order against property ?.

they case is almost close in Poland because bailiff couldn't get anything out from him .

Expert:  Clare replied 1 year ago.
Hi
I am sorry - what I meant was that you have to apply to the Polish authorities for the matter to be transferred to the Uk for enforcement - you cannot make the application straight to the court your self
Clare
Customer: replied 1 year ago.

So I need to hire a lawyer who is going to do that for me?. Is it a quite easy thing to do ?

Expert:  Clare replied 1 year ago.
Hi
You may need a lawyer to deal with the matter in Poland - or you may be able to deal with the forms yourself - you need to obtain them from Poland first
Clare
Customer: replied 1 year ago.

Who is going to deal with the transfer to UK, Polish Court or a lawyer in POland?

Is it mean I need to open a new case in Poland? Is it just routine thing to do ?

Expert:  Clare replied 1 year ago.
Hi
The Polish Authorities do this once you have completed the forms and sent them in
The form is here
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/356014/remo-7-application-form.pdf
Clare
Customer: replied 1 year ago.

But the form is in english do I have to translate it for them those documents?

Expert:  Clare replied 1 year ago.
Hi
It could be sensible to contact the court in Poland and ask for the Polish version of the forms
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33507
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 1 year ago.

Thank you

Expert:  Clare replied 1 year ago.
Hi
You are welcome
Clare

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