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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33949
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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when I divorced in 2001 my ex got £38000 from the equity in

Customer Question

when I divorced in 2001 my ex got £38000 from the equity in the house (a clean break would have been to have all the equity and to keep his pension).He would not accept this and so the court order stated that as he got this equity that when he took his teachers pension he could retain the lump sum and then pay me half of the income each month. When he drew the pension in 2009 he started paying. In Sept 2012 he stopped paying but after seeing a solicitor he resumed paying. His payments are erratic arriving by cheque between 12th and 31st of the month although I haven't received Dec payment yet! What can I do to ensure on time regular payments or is there some way I can recover the out standing debt as a one off payment.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
How much is the monthly payment?
Clare
Customer: replied 2 years ago.

Here is some more info. We married in Mar 78 and I filed in Aug 99. After a protracted divorce the marital home was sold in July 2001.

At this time my ex received £38403.00 and I received £100,000.00.

He retained his pension and when he took his pension in Aug 2009 he started payments.

From Aug 2009 till June 2011 he paid £418.62 / month.

July 2011till May2012 £428.22/ month

June 2012 till Mar 2013 £459.50/month

Apr 2014 till Nov 2014 £465.02/month

I have not received Dec payment.

My ex has never provided any proof of exactly when he drew his pension or how much he actually receives this has been taken on trust

Expert:  Clare replied 2 years ago.

What is the exact wording of the Order relating to the Pension?
Clare
Customer: replied 2 years ago.

Did I mention that when my ex drew his pension he retained the lump sum and pays half the monthly income.

On searching Court order I also found a document dated 14 Mar 2000 from Teachers' Pension it states that as of 31 Mar 1999 the value of the pension fund was £129156.52.At this time it was estimated at the age of 60 he would receive a pension of £8653.34 and a lump sum of £25960.02 (this was probably larger as the percentage that could be taken as a lump sum increased a few years later).

Now to the actual consent order as I don't have a scanner I will just give the relevant paragraphs but if you need more I can arrange to get a scan.

The "Teachers' Pension Scheme" shall mean the Teachers' Pension payable to the respondent under the Teachers' Pension Scheme together with any Additional Voluntary Contribution (AVC)to which the respondent shall be entitled.

AND UPON the respondent undertaking to the Court that he will give two months notice in writing of his intention to retire to the Petitioner. -- He did not do this

AND UPON the Respondent undertaking to the Court that this clause shall still apply even in the event of the Petitioner's remarriage the Respondent further undertakes that after retaining the maximum lump sum payable upon his retirement in respect of his Teachers' Pension Scheme that he will pay or cause to paid one half of the annuity which he obtains from the remaining Teachers' Pension and any AVC's to the petitioner during their joint lives or until further Order.

Hope this is what you need I have every document relating to the divorce so should be able to answer most questions.

Expert:  Clare replied 2 years ago.

Looking at the Order - is the pension mentioned after the words "it is ordered that"
Clare
Customer: replied 2 years ago.

I attach a copy of the entire court order.

Expert:  Clare replied 2 years ago.

Thank you
As a starting point you should write a formal letter requesting a copy of his P60 so that you can check that he is paying the correct amount.
At the same time you should notify him that if payments are not paid promptly in future then you will apply to the court to attach his pension so that the pension company pays you directly.
If he does default again then you apply to the court an Order - and Order that he does produce his P60
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

One last question if he defaults is there any way I can recover the debt as a lump sum to pay of the outstanding debt?

Expert:  Clare replied 2 years ago.

Yes you can - the attachment would be to secure the future payments - he would still have to pay up any arrears
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33949
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

If aloud there is another point I need to clarify.

The court order says I should receive half the income from his pension should this be before tax as obviously the amount he receives depends on his tax situation?

Beryl

Expert:  Clare replied 2 years ago.

This is one of the problems with pension Attachment orders like this - and a reason why they changed - I am afraid that it is after not before tax
Clare

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