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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Can I return to court for child maintenance not being paid as ordered?

  • Lime
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15 Jan 24 #522291 by Lime
Topic started by Lime
Final proceedings were in Spring last year. The outcome of that was dire, and another story altogether. However for the purposes of this question, the judge ordered that my ex pay child maintenance by standing order once a month. Ex lives in a country where there is no reciprocal agreement, so I understand none of this can be enforced. However he does have UK interests, is self employed through his UK company and travels back every now and then. He has chosen not paying by standing order despite the court directions, and is continuing to play with when and how much he pays, so the date he pays varies a lot, the amount is often drip fed, and on a couple of occasions he has claimed not to have any option but to wire the money to me, meaning I have to go to a corresponding outlet with ID to collect the payment - even though the money transfer company facilitate transfers to my bank account. I believe the first time he did that he wanted to confirm where I was, because he gets alerted as to which outlet the money has been collected from. It also seems he is choosing to inconvenience me and also keep me on my toes with if/when/how much he'll pay. That said, in the end the money is paid, albeit the manner in which it's paid causes a lot of uncertainty as well as periods of me having to borrow because I don't have a predictable day when I'll be paid a predictable amount. Knowing what I know about him, this is all intentional but very cleverly done so that I have less of an argument to take it back to court - like I say, the money is paid in the end. So my question is, do I have much of a case to take this back to court so that at least I have a clear court order saying he has to pay on a certain date and via bank transfer only (unfortunately the date was not specified on the final order - it was in a previous interim maintenance order, but not the final order)? I'm worried a judge/ court will have the view that so long as he pays in the end, that's what matters, and the fact that the date he pays is very unpredictable, that it is often a drip feed payment, and that he sometimes forces me to queue up and collect the payment in person at a money transfer outlet (not ideal for a working single mum) won't really matter that much to a busy judge. I know any court order is also academic because it can't be enforced because of where he lives, but I wonder if he were to return to the UK even just to visit I might be able to enforce it at that point? Also just for context, right up until the final hearing he was claiming to have no money, no job, didn't dislose ANY overseas bank accounts despite living overseas for 3 years, and it's highly likely he is making a mint based on the country / industry he's in! Like I said the final outcome was awful for me, and the level of maintenance woeful, but unfortunately i really need what little I now get from him, so all of this really matters to me! Thanks in advance

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