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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33290
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a Court Order which was granted when I got divorced

Customer Question

I have a Court Order which was granted when I got divorced from my husband in 2009. It says that he has to give me monies by the 1st every month for our son Oliver. He has broken this order and has failed to give me the payment for August. I have tried to ring him and text him and no luck. What can I do?
Submitted: 2 years ago.
Category: Law
Expert:  Clare 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.
When does the order say that payments will stop?
Clare
Customer: replied 2 years ago.

The order is in force until our son finishes his first degree. He has to send me his wage slips every year to see if he has had a wage increase. He has set up new pension facilities so he does not have to give me an increase. He has only increase once in the first year from £475 per month to £493 and that is what it has staid since then. His wage increases have been swallowed up by his increase in his pension contributions and last year he started up a new one for £200 per month. Oliver starts University in Plymouth hopefully in September if he gets the grades on his offer to them.He has messed me about before.

Expert:  Clare replied 2 years ago.
Hi
Your options for enforcement are set out here
http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
(do NOT register it in the Magistrates Court)
If he is employed then going straight to an Attachment of Earnings Order could be worthwhile.
If not then let the Court decide!
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you for your reply. I am disappointed that all you can reply is a website. I thought I would have got a personal reply especially when I mentioned that he increased his pension during the time we have been divorced instead of increasing my payment for maintenance. I appear to have had no reply to that part of my questioning. This is important as I did not agree to any of that. There was no mention of him increasing his payment instead of increasing the payment for maintenance. He works for the MOD and they they his pension, his contributions are an extra towards his pension so surely his maintenance towards his son takes precedence.

Expert:  Clare replied 2 years ago.
Hi
I am sorry but it is easier to direct you to a site that sets out ALL of your options in a coherent and easy to read way rather than try and reproduce them here in a smallish box.
I opted not to ask if your ex was employed or self employed - however since he works for the MOD then an Attachment of Earnings Order would be best
The correct form is here
http://www.daviessolicitors.co.uk/forms_davies/Civil%20Disputes/Request%20for%20attachment%20of%20earnings%20order.pdf
The Pension issue is much more complex and it is I fear highly unlikely that any action can be taken in respect of it.
However if you give me the exact wording of the paragraph in the Order and confirmation of his gross and net incomes I will consider what options (if any) you may have
Clare

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