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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33825
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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As part of my divorce settlement my exh has to give me the

Customer Question

As part of my divorce settlement my exh has to give me the half of a hefty tax refund that he has not claimed. I think he has been stalling on it until the divorce is over so he could wriggle out of paying up. It was revealed at court and it has now been recorded that he has to give me half. However, I know he is going to use every excuse in the book not to pay up. How can I ensure that he does?
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.
When is the payment due?
Clare
Customer: replied 2 years ago.

It was due two years ago. It's for the tax year 2012/13

Expert:  Clare replied 2 years ago.
Hi
Sorry i should have been more precise - when is he meant to be claiming it - what does the order say?
Clare
Customer: replied 2 years ago.

The order says he has to claim it and repay it

Expert:  Clare replied 2 years ago.
Hi
Does it set out a time frame?
Clare
Customer: replied 2 years ago.

I did ask for one and I was told it would be written into the order that my ex should have to repay it in a 'timely' fashion. I still feel this is rather woolly. Shall I ask for it to be clarified in the order(my solicitor is writing it up at the moment)?

Expert:  Clare replied 2 years ago.
Hi
Yes I would suggest that there is a date by which he must have made the application - he cannot be responsible for when he is paid!
Clare
Customer: replied 2 years ago.
i'm concerned that the court will be taken in by his excuses and delaying tactics. Will it be worth the time and effort to puruse it?
Expert:  Clare replied 2 years ago.
Hi
Enforcement will not be as difficult as obtaining the order has been - and will be much more worthwhile
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33825
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.
Can I have it written in to the court order that this money is deducted from the house sale if it has not been forthcoming. It's easy to estimate how much it will be. We have a written statement from him accountant saying what is due.
Expert:  Clare replied 2 years ago.
Hi
What was actually agreed at court - was it called "heads of agreement"?
Clare
Customer: replied 2 years ago.
It was called Heads of Terms and said:'H's tax rebate after accoubting for UK tax (if any) to be split 50/50 ( to provide relevant informtaion in timely fashion) W appeal agreement.'I've no doubt the 'if any' was insisted on by his barrister who was arguing that the tax rebate may or may not come. However, the accountant's letter states quite clearly what is due. However, my ex is going to try every tactic of avoidance not to do the paperwork.My ex has also so far failed to pay for the actuary's report which was ordered at the first meeting of court. I feel once the house is sold my ex has no reason to resolve either of these issues and will happlily let them drag on for years.Should I ask my solicitor to chase?
Expert:  Clare replied 2 years ago.
Hi
In that case yes you can indeed arrange for it to be written into the agreement that it is to be deducted from the sale proceeds
Clare
Customer: replied 2 years ago.

Thanks Clare. I'll ask my solicitor to do that.

Expert:  Clare replied 2 years ago.
Hi
Good idea
Clare

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