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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex husband and I divorced several years ago. We owned a

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My ex husband and I divorced several years ago. We owned a business and in return for my shares in the business he was ordered to pay me a sum of money payable in 4 tranches. He maintained that he couldn't afford it at the time so I obtained a charge on a property he owns. I have since remarried so he doesn't pay any maintenance, our children are all financially independent and his company is doing well, making a profit and has a fairly large number of employees now. I contacted him recently and asked him to start paying a monthly sum for the amount he owes me but he is refusing. As I have a court order stating that he has to pay this money can I get an enforcement order to make him do this?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhen did the monies actually fall due to be repaid?
Customer: replied 1 year ago.
There was a lump sum paid within 30 days of the consent order which was sealed on 6 April 2010. There were then 4 further tranches which were payable on the 1st, 2nd, 3rd and 4th anniversary of the order. He was also paying me maintenance at that time. He stopped paying maintenance because he said he couldn't afford it as business was not good, this was despite him taking home a large salary every month. I went back to court on 2nd March 2012 where the judge ordered that he pay reduced maintenance and half of the outstanding maintenance he owed ( this had been outstanding for 18 months). It was at this time that I obtained a legal charge on the house to secure the lump sum payments due (plus interest) as he still said he couldn't afford to pay both maintenance and the lump sum payments. I have since re-married and moved to Scotland. He doesn't have to pay any maintenance and I contacted him and suggested that he start paying me now for the lump sum instead of the maintenance but he has refused to do so. The amount of maintenance he paid was £1000 per month so that was what I suggested he could pay as he managed to do this for the last few years without any difficulty.Hope this information helps.
Expert:  Clare replied 1 year ago.
How much does he owe you in total?What assets does he have?
Customer: replied 1 year ago.
The amount he owes is about £60,000 (I don't have the exact amount to hand at the moment). I don't know what assets he has. He owns the company jointly with one other partner and he owns a house (the one I have a charge on). Unless he filled out a form detailing his assets I couldn't give you a figure for his assets. I do know that his company is doing quite well, he has two foreign holidays a year, owns a car etc and is not, despite his comments, financially hard up. He just really seems intent on making everything difficult, as he has from day one.
Customer: replied 1 year ago.
As I now live up in Scotland and he is in London I really wanted to know if I could apply for an enforcement of the order without having to attend court in person as it will be tricky having to take time off work and the travel involved etc.
Expert:  Clare replied 1 year ago.
You can apply to enforce the Order at any time and frankly there is no reason not to do soYou can agree to accept installment payments - or you can insist that the overdue capital sum is now paidYou can send the form to the court yourself - it is herehttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/d050k-eng.pdfHowever if you do not use a solicitor then you would need to attend Court.I hope that this is of assistance - please ask if you need further detailsClare
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