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Category: Family Law
Satisfied Customers: 268
Experience:  Expert
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I have filled in a DK50 form for unpaid maintenance payments

Customer Question

Hi, I have filled in a DK50 form for unpaid maintenance payments from the father. The court has given me hearing for 14th may 2021. I need advice on how to go about this please. Can you help?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: yes dk50 from
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: location of court is stoke on trent
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 15 days ago.
Category: Family Law
Customer: replied 15 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 15 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  JeremyT1020 replied 15 days ago.

Good morning and thank you for your question.  I'm Jeremy, a solicitor specialising in divorce, separation and financial matters.  I'm sorry to hear you're having to take this action so I'd be happy to help.  First and foremost, do you have a copy of the court order for maintenance.  I've looked through the downloads but can't see it there.  Thanks, J

Customer: replied 15 days ago.
I have sent you the copy of the consent order.
Customer: replied 15 days ago.
I have the consent order stamped by the courts. proof of this is attached
Customer: replied 15 days ago.
After gaining some background by reading both the consent order and my statement to the court and your response I will then see if we need a call. Thanks
Expert:  JeremyT1020 replied 15 days ago.
OK, thank you for that. JA always seems to imply that I'm requesting a telephone call but I prefer to deal with matters by message where possible. It's rare that I'll request a call as I'm trying to save customers money. Anyway, I've dealt with a few DK50 applications and the court will probably make directions at that hearing. They'll want to get to the bottom of your ex husband’s finances so they will probably ask him to produce his last 2-3 years' of signed accounts, an Experian/Credit Karma report and probably produce a statement in reply regarding the evidence that you've raised so far.
Expert:  JeremyT1020 replied 15 days ago.
The enforcement hearings will differ from case to case as some people run businesses, some are casual employees whereas others are employed or self-employed. It is difficult to get to the bottom of self-employed taxi driver's accounts, however, the court CAN draw adverse inferences if your ex does not cooperate with the court's requests.
Expert:  JeremyT1020 replied 15 days ago.
The court can make assumptions and work on average earnings of taxi drivers from various HMRC data
Customer: replied 15 days ago.
As he is self-employed, his accounts cannot be verified. He is not to be trusted. I have asked for one of his cards to be checked for his expenditures and income. Will the court ask him for bank statements for all his cards he holds? I only have one of his card details. Can the father be made to declare all his cards and provide statements for each card?
Expert:  JeremyT1020 replied 15 days ago.
If he doesn't cooperate, they could eventually (after a bit of a process) order seizure of his goods
Customer: replied 15 days ago.
The father has declared bankruptcy for all his owed card debt on his own name. Will this go in his favour?
Expert:  JeremyT1020 replied 15 days ago.
The court will almost certainly ask him to declare all of his bank statements for the last 12 months - I'd be surprised if they didn't. If not, you should ask for it in court.
Customer: replied 15 days ago.
With the covid situation and impact on his earnings, how will the court deal with this?
Customer: replied 15 days ago.
Since Dec 2020 I told the father to organise visitation and phone call times through the courts he has made consistent payments of 300. However, again this is less than what was agreed in the consent order. Can the court enforce him to pay the full amount?
Expert:  JeremyT1020 replied 15 days ago.
The court hearings are often being dealt with by CVP (cloud video platform) or telephone at the moment. Any directions will be made by the judge (or lay justices) and you are normally given 14 - 28 days to comply with the order. The court may even attach penalty notices to some directions meaning that, if he did not comply with producing certain documents, he would be in contempt of court and face a fine or even imprisonment.
Expert:  JeremyT1020 replied 15 days ago.
The court can enforce the full amount and the arrears.
Customer: replied 15 days ago.
Due to his deceiving nature (doing fraud on my cards), if his accounts show low income, will the courts say to me that he cannot afford to pay the agreed amount or the unpaid maintenance and let this go?
Customer: replied 15 days ago.
Should I get legal representation?
Expert:  JeremyT1020 replied 15 days ago.
Personally, I think you be better off getting legal representation as these cases can be tricky and I can only really give you a general overview of what is likely to happen. Bear in mind that, if you're successful with your action against your ex, you could probably claim your legal costs from him as well.
Customer: replied 15 days ago.
I blocked him from my phone due to his rude and un cooperative behaviour and I have asked the father to obtain visitation rights from the court from dec 2020 and he has not done this..and as he has been paying half of the maintenance will this go against me in court?
Customer: replied 15 days ago.
In the past I have never stopped him from seeing the kids or phoning them but the contact was so few and infrequent that this was impacting the children negatively, so I asked him to go through the courts for visitation. I also want his visits to be supervised as he has been a careless father when he has taken care of them. Am I in my right to do so, even if the father has been making under payment maintenances?
Expert:  JeremyT1020 replied 15 days ago.
No, it won't go against you in court. He is meant to pay the full amount. With regard to him spending time with the children, the amount he pays should not impact upon the amount of time the children spend with him. The children have a right to spend 'reasonable' time with him. This differs from case to case but depends upon factors such as the children's age, their commitments and distance between parents. Kind regards, J
Customer: replied 14 days ago.
If the father has filed bankruptcy, will this go in his favour of not paying maintenance? If he was bankrupt how did he afford to maintain three vehicles?
Expert:  JeremyT1020 replied 14 days ago.
Possibly. I don't know how he managed to maintain 3 vehicles. That's a question will need to pose to him. Thanks, J