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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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How do I notify a Court of a Breach of a Court Order

Customer Question

How do I notify a Court of a Breach of a Court Order
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Please confirm the terms of the order that have been breached, and if possible could you attach a copy of the order using the paperclip icon?

Customer: replied 1 year ago.
START
....and upon the wife undertaking that in the event that upon its implementation the pension sharing order in relation to the Civil Service Pension contains provision for back dating payments, she shall give credit to the husband by refunding to the husband the totality of the monthly payments referred to in undertaking 15 above for the period encompassed by any such backdated payments.ENDS
Customer: replied 1 year ago.
Court decision reached in July 2015. Pension admin notified me that the splitting order had been implemented early in November 2015. Requests for repayment made but no payments as at todays date.
Customer: replied 1 year ago.
Is there a form to report to the Family Court that the Order has not been implrmented and set out the costs etc to date.
Expert:  Harris replied 1 year ago.

Thanks for confirming - are you stating that the specific undertaking you refer to has been breached? Have you been notified that she is due back dating payments?

Customer: replied 1 year ago.
in November, March and three weeks ago informing her that it was a final demand and the implications of my taking the Breach to Court.When will you be able to call???
Customer: replied 1 year ago.
Please cancel all contact. The initial answer is daft. Satisfaction NIL
Customer: replied 1 year ago.
Over a year since divorce and you ask " have you been notified that she is due back"That response to a Q how do I let the .......... is totally inadequate.Please cancel ALL contact. A waste of £3Satisfaction NIL repeat NIL
Expert:  Harris replied 1 year ago.

I am sorry you feel that way, but the question is reasonable as I asked if you had been notified that she is due back-dating payments to her pension which is what she undertook to repay. You have not made clear whether there is notification that there are backdating payments. The section of the order you have detailed is an undertaking that she credits you any backdating payments.

You further state that the pension sharing was implemented in November 2015 - this does not mean that you will be due any repayments as it is not clear if there are any backdated payments due.