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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33942
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex is in breach of an already enforced court ordered

Resolved Question:

My ex is in breach of an already enforced court ordered maintenance order. Can I have him arrested if so how?
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
It's an order from 2008 for 3 kids until the complete tertiary education, he stopped paying it 2 years ago deciding 6th form was tertiary education I took him back to court the judge enforced the order and stated it has to be paid until they complete university. However he now refuses to pay despite one starting uni in sept has her offer and accom paid.... He earns 180k a year as an airline cpt has 3 brand new cars and us gay with a husband and no other kids apart from our 3. I gave been to court no less than 30 times over the years and need this to stop before the stress kills me.
Expert:  Harris replied 9 months ago.

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.

Customer: replied 9 months ago.
How would I know if a penal notice was attached to the order at the last enforcement. It was certainly said to him that he could be arrested if he didn't pay.
Expert:  Harris replied 9 months ago.

Could you attach the order here using the paperclip icon?

Expert:  Clare replied 9 months ago.

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

http://www.familylaw.co.uk/system/uploads/attachments/0002/0863/D50K.pdf

Please ask if you need further details

Customer: replied 9 months ago.
Clare it isnt the first line of enforcement as we have already been back for enforcement of the order 2 yrs ago when he stopped paying and it, he was made to pay it within 24 hours which he did. I have been told I may have to go back down the same line but now its dealt wth by REM which has been centralised in bury st edmonds, we live in north wilts... I am worried this stress is going to kill me... I have had 8 years of nothing but crap and failed orders ... over 30 revisits to court self represented for since 2010 as i cant afford anything else, he earns a massive amount and i work 3 jobs and bring up 3 kids... i have suffered with 2 bouts of bells palsy, viral menengitis, shingles, etc etc all down to the stress he causes. He is arrogant and feels he is above the law and i just want some justice.... i want him to pay as per the order for the kids... two wont even see him anymore and havent done for many months... Can i seriously ask for a judgement summons? its the only thing that will stop him re committing ? Im gratfeul for your response...
Expert:  Clare replied 9 months ago.

Are his employers based in the UK?

Customer: replied 9 months ago.
british airways
Expert:  Clare replied 9 months ago.

May I ask why you have not obtained an Attachment of Earnings Order so that you are paid directly by BA?

Customer: replied 9 months ago.
i applied before for an AOE but as he was made to pay it that day in court by the judge he got away with it by the skin of his teeth...
Expert:  Clare replied 9 months ago.

When was that?

Customer: replied 9 months ago.
2014 july
Expert:  Clare replied 9 months ago.

When did the arrears start running again?

Customer: replied 9 months ago.
This month, he is refusing to pay for 1 of the 3 kids.
Expert:  Clare replied 9 months ago.

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

Customer: replied 9 months ago.
okay thank you clare, i appreciate you taking the time to respond to me and hope this gets sorted. The system is so flawed when you spend thousands to get orders that have no consequences when they arent stuck to .kate
Expert:  Clare replied 9 months ago.

I agree Kate - but this time let the court do the work.

You are acting promptly and his record will count against him

Customer: replied 9 months ago.
Thank you Clare how do i pay you for your time ? kate
Expert:  Clare replied 9 months ago.

If you give a positive rating the site pays me my half of the fee!

Clare, Solicitor
Category: Law
Satisfied Customers: 33942
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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