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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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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This is a message for Clare please,You have helped me with the General Form of Order - Ancillary Relief from the Court, in this order my Ex wife is to pay 50% of a loan we both had that is secured on my property, I have written to her telling her that she still needs to pay me but I have not had a response. Can you please advise on my next steps to enforce the order, remembering that the order was to pay the bank, would I need to get that changed to pay me first?Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiHas she actually defaulted yet - if so how much does she owe?Clare
Customer: replied 1 year ago.
Clare,
I appreciate you receive many questions but if you remember I did send you a copy of the order, my ex has not paid for 14 months making the arrears £3,577.56 and also she has now made herself bankrupt, also in my last question to you you did advise me that this can not be included in her bankruptcy, this has now been confirmed by the official receivers office, they have also notified her that the payments still need to be paid
Expert:  Clare replied 1 year ago.
Hi
I remembered the gist not the details!
The way forward is to enforce the order using a form D50K - available online.
You need to do so as soon as possible as you need permission to enforce arrears more than 12 months old.
Clare
Customer: replied 1 year ago.
Thank you for your answer, I have download the D50K and will file with the court. I believe the only answer is a attachment of earnings, I know my ex is working for the Royal Mail but that is all I know, is there anyway of getting her to disclose her income etc?
Expert:  Clare replied 1 year ago.
Hi
This will be part of the court process - she will have to give details of her income and then it is likely there will be an attachment of earnings order in your favour
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your help, I have filed with the court the form D50K, can you please tell me what to expect now?
Expert:  Clare replied 1 year ago.
Hi
The Court should send you a date within the next few weeks
Clare
Customer: replied 1 year ago.
Clare,I have received letter from the court, please see file attached along with my application, does this mean I filled out the form incorrect?Any help pleaseThank You
Expert:  Clare replied 1 year ago.
Do not worry - it is a matter of rewording the applictaion - I shall look at it later!
Customer: replied 1 year ago.
Thank you
Customer: replied 1 year ago.
Did you manage to have a look?
Expert:  Clare replied 1 year ago.
Sorry - yes i didDo you have a copy of the Order itself?
Customer: replied 1 year ago.
If you mean the original General Form of Order please see attached
Expert:  Clare replied 1 year ago.
OkNow the way forward is to apply to commit her to prison for the failure to keep to the UndertakingThe process is described herehttps://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23There is no reason why you should not use a D11http://www.justice.gov.uk/downloads/forms/fjr/D11_web_0414.pdfYou are applying for her to be committed to Court for the breach of the undertaking to pay!Clare