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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34473
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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I have just filed a 4th application in 2 years, to enforce

Customer Question

Hello, I have just filed a 4th application in 2 years, to enforce the consent order and payment of child support (order dated April 2013). As I didn't get any other money out of the settlement, the amount is supposed to cover our house rent and children basic support. Yet he keeps paying late or partially. My landlord has threatened us with a notice. I can't afford to secure another rental contract (I am full time student and have 2 children 8 & 11y old). I also had to go bankrupt a year ago (because of legal fees...I never had debts prior to divorce). Ineed to apply for a variation as he is still running a very successful business, has been livng with his wealthy partner since divorce and we are about to be homeless... ;-(
Assistant: Where are you located? It matters because laws vary by location.
Customer: Surrey, the order was made in Kingston COunty court
Assistant: Has anything been filed or reported?
Customer: Yes.... emails, etc as usual. He ignores then I take him to court for enforcement so he pays off the due amount and a few months later he breaches the order again!
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: Ideally I want the order to be changed from periodical payments to lump sum so his controlling abuse stops. He has the money now (or could borrow it from his wealthy parents like he did in the past)
Submitted: 1 month ago.
Category: Family Law
Customer: replied 1 month ago.
The judge don't seem to care that it is not the first enforcement application... This ordeal has stressed me so much these past 2 years, I suffer from anxiety and now have a gastric ulcer despite being very healthy....I must prepare an application to vary the order so what forms, information and evidence do I need to make sure I have a strong case?
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Is he employed or self employed and does he own any property?

Customer: replied 1 month ago.
He is self employed (ltd company that we co-founded, I had to resign upon divorce). I strongly believe he owns a property but I have no proof or knowledge of which property. He has been co-habiting with his partner (and have no children together...hers are much older and only 1 aged 16 lives with them now).
Expert:  Clare replied 1 month ago.
Do you know if he takes a wage from the company - or just dividends?
Customer: replied 1 month ago.
Not sure but he used to take basic salary (£16k only for tax reasons) and thousands of pounds in dividends each month. So I presume he takes both wage & salary.
I also know that his partner has just founded a company for him (she owns min 75% and is the only director on file - according to companies house. So he might actually invoice his clients from that company. He (even when I was involved in the company so I never allowed any dodgy tactics) & his partner have always been savvy to avoid declaring all their income or using tax evasion (he grew up in Jersey and she has a business in Cyprus & Connections in Dubai).
Too tedious and costly for me to consider investigating his business income.
Expert:  Clare replied 1 month ago.
I can understand that
Unfortunately unless you can prove that HE has an asset which could be sold to ensure that you could have a lump sum then the court will not make such an Order.
Accordingly if you wish to make an application to vary then order then you must be sure that you can identify assets in his name (or control) first - not an easy option I know
You can certainly apply for an Attachment Order in respect of his Wages - or a Third Party Order in respect of his Bank Account
I am sorry that the news is not better - please ask if you need further details
Expert:  Clare replied 1 month ago.
Customer: replied 1 month ago.
How can I find out if he owns a property?
Would requesting form E2 be useful as I understand he would have to disclose all his assets?
What application and other forms do I need to get him to disclosure his assets to the judge?
Expert:  Clare replied 1 month ago.
Once you make the application to Vary the Order the Form E becomes inevitable
Customer: replied 1 month ago.
Thank you. I still don't know what forms I have to fill in? Confusing on justice website.
Expert:  Clare replied 1 month ago.
You need the Form A available here
https://www.justice.gov.uk/downloads/forms/fjr/Form_A_web_0414_3.pdf
Customer: replied 1 month ago.
Just the form A?
Customer: replied 1 month ago.
Sorry, but I feel the answers come in Small drops... third time asking: can you please tell me exactly what forms I must fill in for a variation of order for my specific case (with financial disclosure for lump sum settlement request).
Expert:  Clare replied 1 month ago.

You need to file a Form A and pay the fee of £245

The court will then set a timetable for filing the Forms It would be sensible for you to start on your Form E before the timetable is set as it helps to be prepared.

At the same time as you file the Form A I would file a D50K enforcement application regarding the persistent arrears and late payments

Ask for the two cases to be linked as it gives a good picture as to the reasons for the application to vary - and allows the court to ensure any arrears are paid up

One potential option the court could have is a suspended penal order on the order - so that if it is not paid on time he could face imprisonment