Hi, thanks for your question. Having him arrested is not an option given that a breach of the maintenance order is not a criminal matter unless there is a penal notice attached to the order. Unfortunately your only option would be to return the matter back to court for enforcement of the order and the court will need to decide what options it can use given the lengthy proceedings you state have taken place - for example the court can consider ordering a lump sum payment to cover the future maintenance. I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.
Could you attach the order here using the paperclip icon?
Thank you for your question
My name is ***** ***** I have been a solicitor for more than 30 years.
In fact imprisonment is available for debts relating to maintenance - it is called a Judgement Summons and is the ultimate method of enforcement.
There is no need for there to have been a Penal Notice on the Order.
However it is not the first line of enforcement - that should be either an Attachment of Earnings Order if his employer is in the UK - or a Third Party Debt Order of he has a bank account inthe UK - or sending the bailiffs in.
The easiest option is to let the court decide the method - this is done using a form D50K
Please ask if you need further details
Are his employers based in the UK?
May I ask why you have not obtained an Attachment of Earnings Order so that you are paid directly by BA?
When was that?
When did the arrears start running again?
Ultimately yes the Court could grant a Judgement Summons - but not based on one missed payment - despite the record.
At this stage I suggest that you just send the above form in - and let the Judge decide what to do with hime
I agree Kate - but this time let the court do the work.
You are acting promptly and his record will count against him
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