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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35564
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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My partner Mrs E. Stephens has a consent order (BR13D00888)

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Good Afternoon My partner Mrs E. Stephens has a consent order (BR13D00888) made in the Family Court on the 05/10/2015. The respondent xxxx Stephens has been late with payments since inception and in recent months has reduced his payment from the £400 made by the Family Court in Bromley to £100, over the last 6 months or so. This has meant he is in serious arrears. The Court granted Mrs. Stephens a Notice of Application for Enforcement by method of enforcement as the court may consider appropriate. Mr Stephens is continuing to avoid payment by now engaging with the CMS, even though there is a court date set for the above on the 5th June. by the court date he will be over £4500 in arrears. They have advised that Mr. Stephens does not need to pay child maintenance from the 18th May. He is bascially claiming poverty even though, he has no obvious means of earnings and does not claim any kind of benefits. The CMS have taken at his word his situation, he will not have provided anything and he will definately have the means tom pay. Is he able to avoid court? Does he still have to attend the court date? There are still arears. I suggest you google Harvey Stephens, he is a violent criminal, search for Harvey Stephens Maidstone and you will get the idea. With the hearing Emma would not wish to attend, she is fearful of him, or does she need to? To be clear I am looking for exact legal advice, not general advice about the CMS, Consent Orders, timescales etc, all of which I can research from google, rather specific expert legal advice which I do not possess myself. I know about the CMS & the 12 month rule. What we are more concerned about is the behaviour of the CMS without any supplementary evidence and without any discussion / consultation from Mrs Stephens.
Customer: replied 6 months ago.
Documents added.

My name is Clare

I shall do my best to help you but I need some further information first

For clarity

Your partner has taken the necessary action in respect of the arrears up to 18th May - and you are content that you know how to deal with this.

What you are not sure how to handle is the CMS assessment - which you have not attached a copy of?

Customer: replied 6 months ago.
Thanks Clare.Still a little confusion here I’m afraid.The main issues are the questions outlined earlier.Will Mr Stephens still have to attend court. Regardless of the decision of the CMS the original consent order was not adhered to.Will Emma also have to attend?How does she / we collect the arrears.How do we argue dispute the findings of the CMS, as in short it’s basically all nonsense / lies on the part of Mr. Stephens.ThanksThe only relevant CMS documents are attached.BestKarl

Yes the issue of the arrears due to 18th May will still have to be dealt with by the court and both parties will have to attend the hearing

The Court will decide how the arrears should be enforced - although it will be sensible for your partner to have some proposals in mind based on her knowledge of his financial position

The options are described here

https://www.pearsonlegal.co.uk/site/business/debt_recovery/enforcement_options/

With regard to the CMS your partner should write and ask for a reassessment based on the fact that none of the reasons listed apply.

If he is self employed and is the Director of a Company then she should ask for his Dividends received to be taken into account

I hope that this is of assistance - please ask if you need further details

Customer: replied 6 months ago.
Thanks, ***** ***** has been really helpful. We know what we need to do regarding the CMS, Emma's main concern is Mr.Stephens clearly thinks that engaging the CMS absolves him from attending court on that day. The main point here, is he has always had the means to pay, lavish holidays, expensive cars etc but has refused to do so citing the fact that he has no income.So to summarise, attend court on the 5th June.
Mr. Stephens will also have to attend.
Contact the CMS.i've not used this service before. Once I've closed it off (left feedback etc) am I able to choose you again at some point in the future if required? Rather than select at random?

If he chooses not to attend then the Court can issue a Penal Notice - or make a decision in his absence

You can always ask for me in the title of the question and I shall pick it up when I am next online

Clare and other Family Law Specialists are ready to help you