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Thegonnec
Thegonnec, Judge
Category: French Law
Satisfied Customers: 89
Experience:  11 years experience as judge at Paris Industrial Tribunal
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My wife and I want to help an English lady...

Customer Question

My wife and I want to help an English lady living in France. Her husband divorced her and married again. He is under a court order to pay her Euro1,500 per month but has failed to do this. I asked CAB for advice, they told me to phone StepChange Debt organisation, who put me on to Civil Legal Advice, who referred me to Charles Worth Nicholl & Co, solicitors. They cannot help as Delphine has no money available to pay them. Delphine has three young children and desperately needs support financially.

Can you advise me please?
Submitted: 2 years ago.
Category: French Law
Expert:  clairep80 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.
Which country does her husband live in?
Clare
Customer: replied 2 years ago.

Thank you Clare


Her husband lives about 6 months in France, 4 months in the UK and 2 in Belarus (where his new wife is from). A very complicated situation.


I should mention that Delphine has three young children which he should support, this is by court order. Recently she wrote to us: “My ex-husband claimed he couldn't pay more and asked the judge to reconsider the child support payments. In November 2012 the judge ruled in my favour, keeping the amount due at €1500.”


I have about an A4 page of information from her. He has paid very little in total in 2013, and not a complete month in 2012 according to details I have received.


Tony

Expert:  clairep80 replied 2 years ago.
Hi
So this is a French order with both parties for the most point living in France?
Does her husband have any assets in the UK?
Clare
Customer: replied 2 years ago.

Dear Clare


I have tried to get an opportunity to contact your organisation in replying to e-mails received from Customer Support. I just wanted to speak to someone, but I now realise I should have written to you. (I have not had e-mail replies to my questions sent to Customer Support.)


My questions are:


1. I have not used the free week offered but I understand you will have charged me the first monthly fee - even though I have not been in touch with you at all.


2. I have been acting for a person living in France, as you know. It would be better if I could transfer to her all the e-mails that have gone between us and then let Delphine be in touch with you direct.. If that could be done I presume she would get the one week free and then my first payment could be transferred to her. Is this correct?


Please advise me.


Tony

Expert:  clairep80 replied 2 years ago.
Hi
There is no action that can be taken using Uk law - this is a matter that will have to be dealt with by a French Law specialist - I shall ask Customer services to deal with this
Clare
Customer: replied 2 years ago.

 


Dear Clare


This may make a difference regarding Delphine’s case. The information I have from Delphine is this:


 


“What my ex has provided to prove his "poverty" is his French income tax and declarations. However, he and his wife are directors of a company he founded back in 2009, Alfarichi Ltd. Head office officially in Birmingham, but that could be just a front. At first they each held 50% of the shares, then he passed his shares to his wife. He claims that they get very little money from the company, which is not very profitable. However, I know that Alfarichi pays all his expenses for fuel, hotels, restaurants etc. “


 


“I also know, for example, that my ex and his new wife went on holiday to Greece in the springtime and Sardinia in the autumn of 2013, but I refuse to involve my children so cannot ask anyone to testify to that (my youngest son was invited to Sardinia and I know they stayed in a flat and hotels, ate at restaurants, flew there and back, and also know that they have recently bought a new car etc!”


Does this help?


 


Your s sincerely


Tony

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