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Consent Order Query

  • Libra1010
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01 Nov 11 #295652 by Libra1010
Topic started by Libra1010
Hello
Not sure if anybody has experienced anything similar but I am at a loss....

I have a Consent Order that includes under the 'recitals' an agreement that my ex-husband will "meet our son's extra curricular activities and associated costs,...... by way of regular monthly payment to be adjusted quarterly, the costs and the activities to be reviewed quarterly".

Unfortunately, he will not discuss or adjust the payment/activities despite our son not wishing to undertake anything that his siblings did not do. He is also refusing to either contribute to the fuel costs or take our son to the clubs concerned which I feel is an 'associated cost'. He says he cannot afford to pay more but is living a rather nice lifestyle himself (windsurfing in Egypt, skiing in Italy, golf in Barcelona, Turkey in the summer among other short British breaks over the last 12 months).

My basic questions is - are the recitals enforceable and, if they are, will the Court be able to clarify the terminolgy etc?

Any help would be useful.

Thank you.

  • dukey
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01 Nov 11 #295678 by dukey
Reply from dukey
All of the order is enforceable recital undertakings and the orders that come after the AND UPON bit, the real question is what will it cost to enforce and is it worth it, you do of course have the option of doing it yourself in which case the cost is nothing, or you could write and give him say 14 days to comply or you will enforce it in court and seek your full legal costs (it may or may not happen but its worth warning him).

  • Libra1010
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02 Nov 11 #295818 by Libra1010
Reply from Libra1010
Thank you Dukey.

I shall send a letter and keep my fingers crossed!

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