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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33955
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Following on from my previous question: I had no response

Resolved Question:

Following on from my previous question:
I had no response to my questions about the money my to my ex. And since I had learned that he received £20000 in May 2014 I contacted a solicitor and asked him to send a letter informing him that unless he paid the money court proceedings would be started.
Almost immediately I received the text message as below:
“ Don’t know why you didn’t contact me direct. Anyhow tax will be paid on shares before they are divided up. I wont find out before year end when I do Jersey tax return. Therefore I’ll make any payment in Feb 2016. I will claim expenses for any court visits.”
He has since replied to the solicitor’s letter with the same answer, he seems unsure what to do about it. Knowing my ex as I do I think this is just one of his ploys to muddy the waters a bit to give him more time; he has done similar thing in the past when threatened with court. In my opinion his tax affairs have nothing to do with the money he should pay to me. Why would he want to pay tax on my share anyway?
He received £20000 in May 2014 from a UK based company (Nottingham)in return for shares he held in the company as a director. There is a court order saying that 50% of this should be paid to me.
He was already living and working in Jersey at the time of payment, and is using this as an excuse not to pay me.
Could someone please advise me if what he is saying is correct i.e. Does he have to pay the tax on the full amount in Jersey before handing over 50% to me?
Regards
Julia
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
As you so rightly say his tax problems are not yours.
You are entitled to half of the value of the shares and his tax bill is his concern.
There are various enforcement options open to you - but obtaining a Third Party Order on a Uk Bank Account could well be the best option
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare

My questions are:

1) Would a third party order be enforceable in Jersey; he may have opened up a new account there because he produced bank statements to the court when he appeared for non-payment of maintenance; and the money didn't appear on any of the statements?

2) What if the full amount isn't in any of the accounts; would I have wasted my time and money?

You mentioned other enforcement options; could you please outline what they are?

Kind regards

Julia

Expert:  Clare replied 2 years ago.
Hi
Does he not have any accounts on the mainland?
Clare
Customer: replied 2 years ago.

Yes he does.

Expert:  Clare replied 2 years ago.
Hi
Then the Order can be enforced here on the mainland and you do not need to be concerned about the Jersey accounts.You can enforce against as many accounts as you need to achieve the full amount.
The other enforcement options are here
http://www.fishermeredith.co.uk/wp-content/uploads/2011/06/Enforcement-of-Court-Orders-Following-Divorce.pdf
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33955
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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