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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi I have a consent order made in 2008 in which it states my

Customer Question

Hi I have a consent order made in 2008 in which it states my ex is to pay £800 a month for our two children. Exactly a year after he dropped it to £550 without warning. I took the additional money in lieu of his pension. He is earning approx£500 a day as a consultant and owns 3 properties. He claims he can't afford to pay me anymore.

I have emailed and written to him on numerous occasions but he refuses to pay anymore. He has no partner and no other children. He applied to the CSA but the money he was going to pay was even less! He hides money all over although I can't prove it, he has a huge pension fund £500k plus. What can I do? Can I put a charge on his property? Or take it back to court for breach?? Many thanks Liz
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
Did the CSA actually make an assessment?
Why have you not taken steps to enforce the order before now?
Clare
Customer: replied 2 years ago.
Hi, I had a letter from CSA so I'm assuming they did yes. Does this invalidate the Court Order? If it was an assessment it wouldnt have been on his correct money and he also lied about how often the children stated with him(which reduced it further ) My ex husband is very evasive I have tried to discuss this for years with him then he was made redundant so couldn't do anything. He has also been self employed for a couple of years and I assumed I couldn't do anything. He now has a permanent job again. He refuses to give me any additional money for RPI increase either.

Can I put a charging order on his property?
Expert:  Clare replied 2 years ago.
Hi
Yes I am afraid that at the point that the CSA assessment was made then the Court Order ceased to be valid.
If your children are still under 20 and in full time (secondary) education then you can ask for a re-assessment based on the correct facts and figures, but the court order is no more.
Any arrears that accrued prior to the assessment can still be enforced - but if they are more than 12 months old you will need the permission of the court to do so
The details are here
http://www.familylaw.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
How can I go about doing that if he lies about his earnings and assets? Is there nothing else I can do? He also has numerous shares and gets a massive bonus.
Expert:  Clare replied 2 years ago.
Hi
The assets are irrelevant - but the bonus will be subject to the CSA assessment - so ask for a re-assessment and this time look at the figures - and if you know they are wrong challenge them
Clare

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