The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Enforcing court order for cm payments?

  • Magical1
  • Magical1's Avatar Posted by
  • Senior Member
  • Senior Member
More
30 Aug 14 #443241 by Magical1
Topic started by Magical1
Hi, my court order stated my ex was to pay me child maintenance in respect of each son until August 2015. Thereafter child maintenance just paid for my younger son.
My ex has already dropped payments down in August to just paying for youngest son, and won''t pay me the difference, despite polite emails and that I will go back to court to enforce this order. My solicitor said I should register the court order and this will help me claim. Can I do this myself and is it form D151?
Can I put down order of costs against him and that I''m keeping costs down by representing my self.
Any help would be grateful. I have tried to communicate but have no response from him. Ignoring requests for the money and been given a couple of weeks to pay. I know money is not the issue for him.

  • naziam
  • naziam's Avatar
  • User is blocked
  • User is blocked
More
31 Aug 14 #443266 by naziam
Reply from naziam
How old is the order as if it''s more than one year old either of you can open a CSA case as they have authority with child maintenance.

  • Magical1
  • Magical1's Avatar Posted by
  • Senior Member
  • Senior Member
More
31 Aug 14 #443292 by Magical1
Reply from Magical1
It was ordered March thus year 2014

  • naziam
  • naziam's Avatar
  • User is blocked
  • User is blocked
More
01 Sep 14 #443324 by naziam
Reply from naziam
It is only potentially valid then until March 2015 as even your husband can request a CSA assessment after one year and then the order is invalid.

It seems like a bit of a waste of time getting a court order for child maintenance as at least with the CSA it''s their responsibility to chase up payment and the assessment level the court uses is the same as the CSA.

So I think as you said your only option is to make a claim through the courts. They can make an attachment of earnings order for you so it shouldn''t be an issue again unless your ex husband is self employed in which case I think they would make an order against his property.

I don''t know for certain if you can make a cost claim, I suspect you can but it would be better for someone else to give you a definite answer.

  • Magical1
  • Magical1's Avatar Posted by
  • Senior Member
  • Senior Member
More
01 Sep 14 #443332 by Magical1
Reply from Magical1
do I understand that you are saying that although periodical child maintenance payments are written down in an agreed court order approved by the judge, that it is still only valid for a year despite written dates on it? if so what is point of putting it in court order?
....and sorry payments were reduced this August 2014 , one month earlier than they should have been unlike I said previously!, August 2015!

I am worried he won''t honour other payments till end of secondary education and when 18yrs old for younger son, as stated on signed court agreement, as his son who is 15 chooses not to see his father at all, so if he stops payment altogether he isn''t abiding by what the court order says and I wouldn''t then know what to do.

If I register the order now, will I likely get attachment of earning payment like you suggest. He is not self employed, has a very secure job in education.
What forms would I use...he is disobeying court order stamped by judge in a March 2014.

  • Magical1
  • Magical1's Avatar Posted by
  • Senior Member
  • Senior Member
More
01 Sep 14 #443334 by Magical1
Reply from Magical1
Thank you Naziam, for your replies so far

  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
More
01 Sep 14 #443335 by .Charles
Reply from .Charles
If maintenance provision is made in a financial Consent Order, you can apply to enforce the terms of the order.

As mentioned above, a child maintenance order is only valid for 12 months as the CSA/CMS has jurisdiction once 12 months has elapsed. Either party can apply for an assessment for future payments.

In relation to the enforcement issue, you can apply for any shortfall to date and your costs of the application to enforce. If you are dealing with this yourself your costs will be limited to the court fee.

Charles

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.