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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
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Experience:  Dual qualified Solicitor and Attorney
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My ex-husband has stopped paying the court order he owes me.

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My ex-husband has stopped paying the court order he owes me. The court already said they thought it was an unfair settlement, i got £10k and he got all of our furniture and belongings and our £375k house we just bought and car. i went freelance so we could move city for his new job so he could start at a company that paid £90k salary to him. i hsd no money and he bullied me / threatened me if i challenged it anymore. so i had no choice but to let it go. He is now saying he has to take bills from the court order and he doesn't owe me any money. Legal advice says i should get enforcement of order or attachment of earnings. As I am freelance i don't always have a lot of money. Can i do attachment of earnings? How do i go about this? the order clearly states he owes my £10k to be paid in £1000 per month, with no mention of bills or any other deductions.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I have not filed anything other than the divorce and the court order. He is 2 payments in arrears. I was busy with work and gave him the benefit of the doubt. But, no, he meant not to pay me. So i need to know what to do next becuse he will just sdmonish me. it needsd to be official the next steps. i am disrraught
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: i live in the UK - England, Newcastle upon Tyne. Our divorce was copleted at the south western court in Southampton.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i think that is everything.

Hi thank you for your message, you can look to enforce the order. It is good practice to send a warning letter to your ex-husband before you report a breach so that you provide him or her with an opportunity to meet his or her responsibilities. Doing so strengthens your position as a reasonable and fair person. If your ex-spouse does not respond, you can report the breach to the court using a D11 form. You might consider obtaining help from a solicitor in completing this form. On it, you state that you think the order may have been breached, and that you would like it to be enforced.

At the same time you send the form to the court, you should send a copy to the other party so he is aware that he is likely to face court action. In most cases, if there has been a breach, the consent order will be enforced by the court.

The person who has made the breach will be required to pay the money owed within a certain period of time.

If he fails to do so, the court order will be broken, which is punishable by a fine or even prison. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Jeremy Aldermartin and 4 other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thank you, ***** ***** appreciate your advice. My current partner says I should go ahead without warning but I understand what you mean about being a reasonable and fair person. I think from my partners point of view, he fears my ex Jon will just think I am "flapping my gums' again, and it will get forgotten about/pushed under the carpet by him as has everything else before it. But i am not just flapping my gums, and there will be consequences from his actions. just the fact he thought i was only worth nothing to begin with, I had to argue to even get 10k from him!! after 10 years together and me leaving a job at adidas Germany and taking a £30k pay cut and a promotion because my ex jon wanted me to work back in London in a dead-end job because it suited him better.. it doesn't even cover that loss let alone a sexless marriage. sorry, I am so upset by this all i don't care who knows. Thank you for your help. I will rate you 5 stars. Cheers, Veronica.

I understand your frustration and concerns, that said, as you say you can back up your words with action. Thank you for the rating, take care.