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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 7224
Experience:  Barrister at law
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I'm trying to file judgement summons against my ex for non

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Hi,
JA: Hello. How can I help?
Customer: I'm trying to file judgement summons against my ex for non payment of a court ordered spousal maint. I'm stuck with being confidant I'm filling out the right form in the correct order ie do i fill in a N342 first to request it and wait for judge to decide and then proceed to a D63. If I am right what else do I need to send with the N342 and is there any way to fast track it as I have a court hearing 11/01/21 where is is seeking to vary the maint
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I have proof he is being willfully negligent about paying
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: yes It's in watford family court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not really

Hello, my name is***** for your patience.

I’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information. You may receive a phone call request which is from the site, not me, and you may choose to ignore this request.

Please be patient with me as I am generally assisting multiple customers at once and this is an email service, but will I will review your question and respond to you as soon as I can, as your question is very important to me. I hope that I can help you resolve your issue today.

Your normal route to enforcing the unpaid amounts is to issue a D50k application in the family court.

Because the maintenance is periodical rather than a single amount this route is most straightforward.

You can then obtain judgment for the arrears at which point you would then take the D63 route if necessary. The N342 is for civil claims not specifically family court orders.

The D50k is here: https://www.gov.uk/government/publications/form-d50k-notice-of-application-for-enforcement-by-such-method-of-enforcement-as-the-court-may-consider-appropriate-family-procedure-rules-2010-rule

The fee to file it is £50.

Hopefully, I have answered your query in a way that is simple and easy to understand. If you have specific questions arising from my response, let me know and I’ll happily clarify for you.

In the meantime, thank you once again for using our services.

Please be aware that my answer is based strictly upon the information you have given me and is provided by way of general advice.

If you still need any points clarifying, I will be happy to reply because the thread remains open for you.

I am always happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the thread.

Thank you for your trust in our service.

Best wishes,

Peter

I hope that your query has been resolved.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter

plclegal and 2 other Family Law Specialists are ready to help you
Customer: replied 14 days ago.
8220;for PLCLEGAL”
Dear *****,
Thank you so much for replying to me. I'm glad you stopped me from filing the wrong form!. I have taken a look at the D50. The following are the options for the court to take to enforce. I have an issue with these for the following reasons so I'm wondering if I can just file the D63 or do I have to start with the D50? see what you think..
An attachment of earnings order - He is the business employer he has his own company.
• A third party debt order - No other creditor involved
• A charging order, stop order or stop notice - what is this in simple english?
• A writ or warrant of execution (seizure and sale of personal property) - Ex does not have the goods for what baliffs would remove for the arrears because of the way he runs his life. Hard to explain. He makes it look as if he has no money.
• The appointment of a receiver - what would this be for?Used to have description of charging order on asset - I can't use this as his house is still in both our names and I need the money now to live on with my children.
What's your advice?
Customer: replied 14 days ago.
PLCLEGAL
Also I forgot to ask, is there any way to fast track this so it gets attached to the hearing in January or is heard before?
Thanks
Heather

Can you tell me how much he owes and what the final order says about the house and any other assets? Does he have any assets to his name?

Customer: replied 13 days ago.
PLCLEGAL
Dear *****,He owes me £3800 for Oct and Nov.
In the court order we were both given a house. Mine was the family home and his our investment one..
We are both to take seek to remove each other's names off the properties.
His he could have done as is a rental.property and not based necessarily on income. His turnover last year was around 150k for a single person IT business.
So His house still has my name on it. The reason he has not put it in his name is ***** ***** ordered him to pay my CGT so around 50k when my name is ***** ***** property sold.
But if I charge against that
A) it'll be forever before I get any money
B) is a judge really going to force him to sell the roof over his head
(It's a BTL mortgage but he lives there. Technically not allowed. He uses another address for the mortgage company)
He has an old prius value around 2k. He has a high lifestyle but lives like a pauper....
Thank Heather
Customer: replied 13 days ago.
PLCLEGAL
Will i send you my document to go with whichever application as it will give you idea of what I have found out which shows he has will fully chosen not to pay me and has the means to pay

I understand. It's likely that this will be dealt with at the January hearing.

The arrears are not yet too substantial, presuming he misses Dec and Jan too the total would be £7600 by the January hearing.

I would expect the judge to hear both applications together.

My view would be that you could make the D50k application now, ask for the application to be joined to the variation application for January and then issue a D63 summons prior to the 11/01 hearing with an up to date total of arrears at that date, or you will not have dealt with Dec/ Jan missed payments. It's just my view on a possible route though, others may of course advise differently.

Customer: replied 13 days ago.
PLCLEGAL,
Thanks Peter! This has made it very clear.

Happy to help. Have a great day.

Customer: replied 12 days ago.
PLCLEGAL
Dear *****,
I wondered if you could answer this question. Is there a restraining order that covers if a person is found to have filed false information to a court, misrepresenting a situation so as to continue coercive control of someone that they can be done for it...
The Dk50 I've been filing (and am just there with all the info to be attached) is for my ex spouse. There is a long history of coercive and financial control sometimes physical which is why I divorced him. He is pleading poverty and unable to pay my spousal maintenance, but I have documents to prove otherwise. It is a long story like all these stories so I wont bore you with it. But my spousal maintenance was awarded at a final hearing (3 days in court 2018) because at that time I was caring for our son aged 20 who had just gone through his 2nd stem cell transplant for Hodgkin's lymphoma stage 4 and our daughter aged 18 who was mentally unwell and had a 2 year old child who I was also helping to care for. We also have a younger son who is now 17. The court could not see how or when I would be able to return to work and was given it for my lifetime. This is something at the time I said I didn't want but the judge felt I was financially vulnerable etc...the whole way through the hearings my ex refused to provide documents until the day of each hearing and was found to be not a truthful witness regarding his situation.
Back to the present, as you know he's stopped the money. Pleading poverty and the business is not doing well. However from his paperwork it shows he has the means to pay me now and up until the court hearing and there is evidence to show he is most likely invoicing his work through other sources. In the mean time I still have our son who is still not well from all his cancer treatments, our youngest son is also living with me and I'm supporting them and our daughter who is still mentally fragile has gone on to have 2 more children at the age of 21. It's like being back in the years after our break up when our son had just been diagnosed and he was giving me very little to live on so much so I was sometimes unsure when going to the tube station if my card had money in my account to pay the tube fare to go upto the hospital with our son for chemo. Whilst he was raking it in again pretending he had nothing. But it came out during the hearings.
so that's the tip of the ice berg!
Now he is doing it again because he has decided he going to try it on again with the courts causing me real distress and even looking at all this paperwork again and the stress of not having money in my account for my bills. So when it goes to court it will come out that he has is lying. I'm going to try get the court in January to somehow capitalise this and see if I can get out from being reliant on him financially but I want to know is there anything that I can file that would stop him or make him think twice about from filing false claims...incase I end up still stuck to him financially for a while longer.
sorry it's such a long winded question..
thanks
Heather

Please can you post this as a new question for my attention? Many thanks.

Customer: replied 11 days ago.
PLCLEGAL
Dear *****,Relating to the first question. Do I have to attend a Mediation appointment before I file the DK50 to the court
Thanks
Heather

Hello. You don't need to attend mediation before filing this form.

Kind regards, Peter