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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34890
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a question on a consent Order. Summary - My ex wife

Customer Question

I have a question on a consent Order.
- My ex wife and I divorced in 2001 . We had one child , who will turn 18 @ Dec 2013
- We agreed maintenance which I always paid .
- We both agreed to make lump sum payments to our daughter .
- I agreed to make a payment of X when she reached 21 and Y when she reached 30 . I will do this no issue.
- My Ex wife agreed to set up an account where child benefits payments would be made into and when our daughter was 18, this would be paid to her. I would estimate this would amount to circa £7k.

My ex wife, has now said she closed the account and spent the money. Which is not very nice. So the question is

1. Who can enforce this , would it be our daughter or me.
2. What would the process as court and lawyers can absorb £000's very quickly.
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Claire and I will do my best to help you but I need some further information first.
Was the part about the Child Benefit part of the sealed order?
Customer: replied 4 years ago.
It was a consent order , that we agreed between ourselves with assistance from our solictors . So not sure if it was , why is it relevant
Expert:  Clare replied 4 years ago.
Hi Ian
To be enforceable this has to be part of a sealed Order
Do you have a copy of the Order?
Customer: replied 4 years ago.
Really why cannot you not just answer the question It's a Sealed order. So again what is the process , who would enforce it , me or my daughter and for circa 7k is it worth it

Expert:  Clare replied 4 years ago.
IF this unusual provision was contained within the Order then you have to apply to enforce it - not your daughter.
How you do this depends if is was in the Preamble the part before the wordsIT IS HERBY ORDERED THAT - or after it - hence the question.
If it was after those a words the the way forward is simple - you apply to recover the amount using one of the enforcement methods set out here
If (as is more likely) it was before the words then it was not part of the Order - it was an Undertaking and to enforce that you will need to apply to the court on a D11 and ask your ex to account for the monies.
I am sorry that I cannot be more specific at this stage - if you need further details please ask and let me know where on the order the wording comes