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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I would so appreciate it if you could advise me. I

Customer Question

Hello . I would so appreciate it if you could advise me. I divorced 3 years ago. There was a court order made at that time. My ex had to pay me a larger proportion of the equity in the family home once sold and make a monthly payment to me as I had the children the majority of the time . He hadn't paid me anything . He immediately sold his business and pleads poverty as he threatened he would . I know he must have cash somewhere because of the holidays and new cars . I would like to make him pay but he says I would end up having to pay him if it was taken back to court as I am now the one with the wage. I work full time as a midwife and do not have the money to Pay huge legal Bills. Am I better just to accept his non compliance in keeping to the court order? Can he be made to pay what he owes me? Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
How old are the children now?
Clare
Customer: replied 1 year ago.
They are 23 , 21, 18(not in education ) and 16 in education. The 16 year old lives me 6 days a week . We shared the care of the others when they were dependants, my husband thinks they are still dependants as the older two are temporarily living with him after returning from some work abroad.
Expert:  Clare replied 1 year ago.
Hi
What should he have paid you
Clare
Customer: replied 1 year ago.
He should have paid me 150 £ per month this was agreed to be increases to 200 a month once our eldest finished at university and we supported her on a two thirds / one third basis between him and myself. There was also an agreement that I woukd receive £ 124 thousand from house equity but I only recieved 118 000
Expert:  Clare replied 1 year ago.
Hi
Was this child maintenance or spouse maintenance, and why did you accept less than you were entitled to?
Clare
Customer: replied 1 year ago.
Child maintainance . I didn't go for spousal maintainance . Looking back I got my figures wrong . I was supposed to have 129000 I think I ended up with 119 but would need to check . I took less as i was threatened with loosing the sale of the house , I couldn't let it fall through
Expert:  Clare replied 1 year ago.
Hi
What information do you have about his work ?
Clare
Customer: replied 1 year ago.
Nothing . He disclosed nothing of any worth . Somewhere I have the paperwork I think . He was owner Of a company and paid himself very little officially at that time I think . It was complicated as as he got his payment via the pension fund that owned the building and his salary was basically the rent for that I think . He then sold the business and says he is on zero salary at the present time on enforced garden leave I don't know how much he sold the company for . He had just got another job about to start I have no idea what salary that will pay . I didn't enforce the court order for the full amount when the house sold ac I was in an increasingly difficult position . I was living still in the family home . I moved back after renting for 18 months I was in huge amount of debt and couldn't afford to live in rented anymore I just needed it to be sold and for me to be out of there I agreed to the reduced amount that was offered to
Me at the eleeveneth hour.
Expert:  Clare replied 1 year ago.
Hi
Your most effective option could be to apply to the CMS (new CSA) and have a new assessment for the youngest child.
They will base the assessment on his last tax return - which you can challenge if need be and will mean that the Inland Revenue will investigate further!
If the CMS identify that he does have an income then you can consider enforcing the outstanding arrears on the old Order
I hope that this is of assistance - please ask if you need further details
Clare

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