No....I had a County Court order for periodical payments made at County Court on 19th November 2010. Due to none payment on the day specified I was advised to escalate the matter to the Magistrates for enforcement...this I did in September 2012. However due to continual not paying on the date specified then starting to go into arrears I applied to the Magistrates for a Judgment summons
The 1st Judgment Summons took place at the Magistrates on 20th March 2014. The Respondent paid his arrears at close of business on the 19th March.
When I made a further application for none payment to the Magistrates on 12th August 2014 I was advised that the Magistrates were no longer dealing with enforcement because new regulations meant that the County Court was dealing with this matter.
I have today been to County Court only to be advised that the Respondent paid the arrears on Friday of last week!
He is just going to carry on in this manner unless I can take measures which prevent him doing so. I need advice please of what enforcement I can take
I have applied to vary the Periodical payment order and he has provided "a handful" of the bank statements required for the hearing regarding his finances. Going to court on Wednesday next week to hopefully get an order to make him produce more docs. However from the statements already provided he has spent £41,000.00 on gambling period April to August this year! He is declaring to the Inland Rev that he only earns £1000 per month which is ludicrous as his statements are demonstrating significant cash amounts totalling £33,000.00 having been paid into his current acc Feb to August this year.These transactions are unaccounted for at present although one assumes that they are payments from his business (he is self employed)
I already have a charge on his house...but 1: there is hardly any equity in the property and 2: there are young children from his spouse living there. The charging order was made as part of previous enforcement for an unpaid lump sum order for initially £115,000.00 . This order was made on 10th May 2006. With interest it is now £204,000 approx.!
It has just been uncovered that a new (supplementary to his current home) was purchased on 16th December 2010. This house was purchased by way of cash for £60,000.00 At present the Respondent is claiming that the property was purchased by his wife. Whilst the title deeds are in her sole name as you know that doesn't mean he hasn't got a beneficial interest in the property. This point will be mentioned next week at Court and hopefully the Judge will order full disclosure re the property. Since I commenced proceedings regarding a variation of the Periodical payment order there has been a charge secured on said property by way of a mortgage....that leads me to believe he is trying to dispose of assets
My ex is a master at concealing assets and none disclosure...however even the few bank statements I hold demonstrate he is wilfully refusing to pay. He has just paid arrears of £800 in one go...so it shows he can affordto pay.
as I explained in my first query he paid the arrears of £800 on Friday of last week....as his Judgment Summons Court appointment was for Monday....
this he will keep doing....going into arrears then making payment on the 11th hour unless something can be done to stop him doing so.
Can I issue proceedings for Committal for breach of a court order and contempt in the face of the Court?
Please can you just answer this question ...I already have full evidence I require regarding his means and ability to pay.
I just need to know from you how to prevent this continual disregard to the order for Periodical Payments.
Such as which application I need to submit....what order I need to apply for...what details should be included in an application.
Please can you explain a capitalised order?
Would a third party debt order also be a possibility (as I know all his banking details) and I could apply to the Court ex parte?
You do not say if committal proceedings for continued contempt of Court are a possibility...please can you advise regarding this?
Baliff's I doubt would not be an option...as I understand now you have to "invite" the Baliff into the property. Even if they gained access he would just claim that all the household contents belong to his wife anyhow. Can I have your thoughts on this please.