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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1767
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been divorced 9 years and I have a court order that

Customer Question

I have been divorced 9 years and I have a court order that my ex pays me £3500 on the 1st of every month. This is very rarely the case and frequently deducts money for various activities he does with the kids when they are with him, 2 nights a week plus some items if clothing he buys for them. Is this allowed? He has remarried and earns far more than when we were together.
Submitted: 1 month ago.
Category: Law
Expert:  Harris replied 1 month ago.

Hi, thank you for your question. Unless it states in the order that he is allowed to make such deductions it will not be allowed and he will have accrued arrears regarding the payments. You need to formally write to him and inform him that his liability is in accordance with what is stated in the court order and that he can not make deductions unless it is stated in the order, and that he will have accrued arrears which he must settle. If he does not you can apply to court for enforcement of the order using form D50K and a £155 court fee to your local family court.

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 1 month ago.
The order is £3500 direct debit on the 1st of the month but it's nearly always less- by £250 each month. I spoke to my divorce lawyer and he just said I should have been married again by now and he would charge £500 to write my ex a letter. I have spoken to my ex a few times when I have been struggling with the money and cheques have bounced because the money hasn't been in on the 1st of the month but he just ignores it and says I get more money than the average household. But it's not judged on that is it?
He is the director of a very big family business which I didn't want forensic accountants to look into, he has remarried, has 2 more kids but lives in a very big house and they drive very expensive cars and go on 3 or 4 holidays a year and take our 2 away sometimes. Whilst I can't afford to take the kids away and I'm having to lease a cheap car. I just want him to pay what was agreed on time but can I get it back dated 9 years?? I could get the deposit information from my bank.
Expert:  Harris replied 1 month ago.

The simple issue is that the court has made an order for him to pay £3500 a month. It is not for him to decide to reduce this and unless the order provides for reductions then he must pay the full amount ordered and you can apply to enforce it and he will be liable for arrears.

Customer: replied 1 month ago.
who do I contact? The courts direct? I also don't think I have the original copy of the court order. Where can I get that? The divorce was 9 years ago?
Thankyou
Expert:  Harris replied 1 month ago.

You will need to obtain a copy of the order and your solicitors will be the quickest way to do this.

You will then need to write to him to request the arrears and that he continues to meet the ordered payments within a reasonable time or you will pursue a court application to enforce the order. If he fails to comply or respond you can pursue a court application using form D40K (here: http://www.familylaw.co.uk/system/uploads/attachments/0002/0863/D50K.pdf ) to your local family court together with a £155 court fee.

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,

Expert:  Harris replied 1 month ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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