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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34895
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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Clare I gather I will apply for the Judgement Summons

Customer Question

Hi Clare
I gather I will apply for the Judgement Summons through the Civil Courts as I am not changing the Consent Order just trying to implement it. This being the case, if the only money my ex has is in a pension plan, could the Judge ask him to do a Pension Sharing Order to cover the mortgage?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Hi again

In fact you are applying to the Family Court to enforce the existing Order.

A Pension Sharing Order cannot be made at this point I am afraid

Customer: replied 1 year ago.
If the only money (I can prove) my ex-husband has now is a large UK pension pot, how do I go about trying to get him to pay the remainder of the mortgage, that was part of the Consent Order, using his pension? Do I need to vary the Order or can I use a Judgement Summons? I'm getting very confused as I'm receiving conflicting information.
Expert:  Clare replied 1 year ago.

You have an existing Order that he is in breach of

You need to enforce the Order - which is why you should use a Judgement Summons

Customer: replied 1 year ago.
OK, so is there a possibility that the Judge may order him to use his pension to cover the outstanding mortgage?
Expert:  Clare replied 1 year ago.

No the Judge will say if he doesnt pay up he goes to prison - how he pays it is up to him