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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1186
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Myou names is Donna..I've have just recently got

Resolved Question:

Hi myou names is Donna..I've have just recently got divorced...the courts awarded me costs of the divorce...however there is a restraining order in place due to domestic violence against my ex husband...I've not heard of the cour team how my ex husband is going to pay...what do I do next regards
Submitted: 19 days ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 19 days ago.

Hello Donna

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- were you represented in the proceedings?

- was your husband represented in the proceedings?

- what was the wording of the part of the order that granted you costs?

- when was the order made?

kind regards

Caroline

Customer: replied 19 days ago.
I was represented via friend to help me with divorce paperwork...my ex husband was not as he dI'd not sign any paperwork regarding the divorce paperwork...due to domestic violence the court granted me cost of the divorce and other cost for the bailiffs as he was claiming not to be working at his work place...I've had the paperwork back from the courts however nothing to say how to claim due to restraining order...my ex husband did not attend the court when it was granted regards
Expert:  ukfamilysolicitor replied 19 days ago.

Hello

Thank you for your response.

Is this just the costs in relation to the divorce issue fee? what other costs did you incur?

Does the order say that your costs have to be assessed if not agreed or something similar?

Does your ex have any assets?

Did you also deal with the issue of the matrimonial finances?

kind regards

Caroline

Customer: replied 19 days ago.
Hi it's only the divorce fee and bailiffs fee... we haven't been married that long...the court asked if any other financial there isn't....no its a court order for my ex husband to pay nothing else on there about how to get the payment due to restraining order regards
Expert:  ukfamilysolicitor replied 19 days ago.

Hello

Thank you for your response.

sorry to nag you but could you tell me if the order says the specific amount that he should pay?

kind regards

Caroline

Customer: replied 19 days ago.
it say 675.00 for him to pay...I've not heard anything in how to claim it due to restraining order the court have not sent me any information on how to process this as he cannot contact me and I will not contact him regards
Expert:  ukfamilysolicitor replied 19 days ago.

Great thank you.

I was just checking because sometimes the orders are not specific as to what he should pay and they leave it for you to try and agree or the court will decide but yours is easier as its a specific amount.

Basically an order should be paid within 14 days and if it is not then you have to enforce that order.

There are lots of ways of asking the court to enforce the order but it depends what assets he has. If he has assets you can refer to the court bailifis whom can go and collect what they can. If he doesnt have any assets you can ask for an order for the money to be taken from his wages if he is working? The good thing with this type of application in the family courts is that you do not have to be specific at this stage - you can simply ask the court to enforce the order as it sees best fit.

Enforcement does cost you unfortunately but the costs can be claimed back again.

You need to fill in this form. Attach a copy of the order tthat awards you costs and do a very short statement to say that despite the order you have not received payment.

https://formfinder.hmctsformfinder.justice.gov.uk/d11-eng.pdf

The court fee is £50.

Send it to the court and they will list a hearing and the Judge will listen to you and then make a decision as to what order he should make the get the money for you.

Let me know if I can help you further

kindest regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is receievd for helping you today.

Customer: replied 19 days ago.
Thank you OK will apply back to the courts regards
Expert:  ukfamilysolicitor replied 19 days ago.

I know its a pain! but its what you have to do if he hasnt paid you and 14 days have passed.

Let me know if I can help you further

kindest regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is receievd for helping you today.

ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1186
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and other Family Law Specialists are ready to help you
Expert:  Clare replied 19 days ago.

My name is ***** ***** I have been a solicitor for more than 35 years

You will do better with the form here

http://www.familylaw.co.uk/system/uploads/attachments/0002/0863/D50K.pdf