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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33037
Experience:  Over twenty-five years experience
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I have been divorced years and I got the custody of both

Customer Question

I have been divorced for 5 years and I got the custody of both children who is 7 and 9years old. My ex husband haven't seing the both children for 2 years as his own wish(had new wife). He has been paying maintenance which was agreed privatetly through court that he pay £160.00 a month. Until last month there was no issues and he was paying. He now divorce and try contact me to see the children. I refuse communicate with him as children don't even want to see him or hear about him. This month the maintenance money didn't come. Please can you give me some advice what I should do about this?
Many thanks. Irina
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas Judge replied 2 years ago.
what is your specific question and I will try and help
Customer: replied 2 years ago.

what I need to do next to get the agreed money for children. Unfortanetly I don't communicate with ex because the way he was with children by leaving them for 2 years not seing, no card or presents or even phone call.I want to know what legally I can do?

Expert:  Thomas Judge replied 2 years ago.
Is there a court order in place
Customer: replied 2 years ago.

yes 5 years ago in the divorce papers stated that he agree to pay £160.00 for both children a month until they both are 18.

Expert:  Thomas Judge replied 2 years ago.
You can enforce the order if he is in breach of making the payments to you. Some options will help you to get payments that should have been made in the past and will also try to make sure that the debtor pays regularly in the future.These are:• registering the order in a magistrates’ court, and • an attachment of earnings order.Some of the options for getting your money will only help you to recover arrears. The ones described in this leaflet are:• a warrant of execution • a third party debt order • a charging order, and• a judgment summons.
Customer: replied 2 years ago.

No really understand what I need to do. Can you please explain for me a bit easier as I never been in this situation and don't understand the legal site.

Expert:  Thomas Judge replied 2 years ago.
I attach herewith a leaflet which should help you understand it in more details. http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/1197/EX327.pdfCome back to me with any questions. Please remember to rate positively and I will help with any follow ups
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33037
Experience: Over twenty-five years experience
Thomas Judge and other Family Law Specialists are ready to help you
Expert:  Clare replied 2 years ago.
HiMy name is ***** ***** I am a little concerned that you have not said that the agreement was actually turned into a financial orderThis would be a separate piece of paper setting out the financial arrangements relating to the house as well as the maintenanceOnly if there was such an order can it be enforced (but do NOT register it in the Magistrates Court.)Instead use this formhttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/d050k-eng.pdfto chase the money.The other option is to apply to the CMS and let them set a new rate (probably higher) and collect the moneyClare
Customer: replied 2 years ago.
Hello Clare! Thank you for your e-mail. Yes i have gor consent order by court where clearly stated he agree to pay maintance until boys 18. I try find the form on the site you put link for but it doesn't work. Please can you advice me if there is other site i can asses the form.any thanks. Irina