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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been advised from the CSA that they have overpaid me

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I have been advised from the CSA that they have overpaid me for that last year, as my son has attended an apprenticeship course. As part of my divorce settlement, my ex was suppose to pay part of my legal costs back to me, and sign over our house to me. Currently, he has not done either.
Can I get the overpayment commuted to the amount he owns me? Also, how can I get the courts to remove his name from the deeds and for my mortgage company to take the courts decision? I have already applied for the mortgage in my name, it was on the final stage which was waiting for him to sign the documentation, but he had not replied. This was over 6 months ago.
Hi, thank you for your question. I am a qualified family law solicitor.
I just require a bit more information. Was there an approved court order which dealt with the finances and the home?
Customer: replied 2 years ago.
The order was part of my Decree Absolute - where the judge found in my favour for my ex to pay 1/3 of my court costs (the 1/3 being nearly £14k), and if our mortgage company agreed to sign over the house to me. The mortgage company agreed. However, the judgement was made after the 4th visit where my ex did not turn up. So, they included a 4 month period for his objections. No answers were received from him, so my old solrs sent a bailiff to serve him the papers. Which he refused to take. This was all dealt with in the family courts
Customer: replied 2 years ago.
This has been dragging for approximately 2 years, and I feel no further forward, as my new solr - has supplied me with no updates. He has had the information for over 1 year and not heard from my ex either
If a court order has been made and your ex-husband has not complied with the terms of the order I would suggest that you ask your solicitors to consider submitting an application for enforcement of the order and return the matter back to court to deal with.
Customer: replied 2 years ago.
I think he has already put in a request, but I have no updates on this. I will chase my new solr for an update. Would I need to go back to court for another enforcement? As I paid my current solr to attend court for me for the last one.
Yes, the enforcement application will likely be a further hearing. If one is coming up then you can request for the enforcement application to be heard at the same time.
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