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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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I have commenced proceedings in the small claims court for

Customer Question

I have commenced proceedings in the small claims court for non payment of periodical maintenance for the sum of £13,500. I do not have any money to instruct a solicitor. My ex husband has a solicitor even though he claims to have no money and not working.
I received a Notice of Transfer of Proceedings from Northampton County Court stating to await the Judge's directions, however my ex husbands solicitor sent to me (and the court) Proposed Directions.
My question is do I have to adhere to the solicitors directions or wait until I have heard from the court?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question
I shall do my best to assist you but I need some further information first.
What do these arrears relate to and why have you chosen this method of enforcement?
Customer: replied 4 years ago.

I was advised by my solicitor it would cost me £2500 to instruct a solicitor for non payment of maintenance so therefore I decided to go to small claims to recover the outstanding monies (£13,500) and then commence with proceedings for the broken consent order.

As my ex husband has since December 2012 stopped maintenance payments completely I had no choice be to try and reclaim some money to support my family and I do not have funds to instruct a solicitor.

Expert:  Clare replied 4 years ago.
Is your ex employed or self employed?
What is the monthly amount due and what assets does he have?
Customer: replied 4 years ago.

He is self employed and should be paying £900 pcm periodical maintenance and is debarred from applying for a downward variation of the periodical payments. He should have taken out a sickness, disability and unemployment insurance in order to inter alia protect the payments but didn't.

He owns a £450,000 property with a small mortgage and has two lodgers staying paying £720 pcm.

Expert:  Clare replied 4 years ago.
Did you consider any of the specific enforcement options available for maintenance?
I am asking this because the option you are using is more complicated and I wondered if there was a specific reason?