Breached Court Order

In April 2017 my divorce was in the final stages and a court order for maintenance was put in place to be paid on a monthly basis. The same amount had been paid per month since we separated so I had no concerns. However 12 months later I had to refer to my bank account as ref for something and realised he hadn’t been paying me the signed Consent Order amount, 0!!
He said he’d pay with bonuses which never transpired and then I thought it was too late, I recently found out it’s not too late and that I need to complete a D50K to enforce this. Do I need a solicitor to do this or just fill in the form with the court fee and bailiff fee ?
Also how do I calculate interest To be paid or include all fees to be covered by having to do this ?

You don't need a solicitor. Complete the form with all relevant details, insert the outstanding amount at paragraph 4 and the interest due on that amount at paragraph 5 using this site hardwicke.co.uk/simple-interest-calculator/

The rate of interest you should use is at 8% per annum.

Print the calculation to attach to the application and tick the small box below the large box at paragraph 6. At paragraph 6 you need only to say that the money is due pursuant to the order (which you should attach) and the interest is calculated at the judgement rate from the last date for payment to the date of application as illustrated by the attached calculation. You should also mention the daily rate of interest as that should be added up to the date of payment.

There is no place on the form to claim costs which is odd as you will incur a court fee. However, I suspect that will be automatically added when an order is made (I may be wrong though - the Court Service is rarely consistent).

Have you asked your ex for the money or warned him that you will apply for an order?

Charles

Hi Charles,

In relation to the last question, Yes I have been requesting the money for the last 2.5 years, one month ago I gave him written warning if he did'nt reply to my request for the money in 30 or pay the full amount outstanding I would be apply to the court to enforce the court order and then again on Monday this week (1 month after the warning and no response) I again told him I would be applying to the court this week as per my previous email. I think up until now he's though i was bluffing.

The court fee is £100 and the Bailiffs Fee is £50 or something like that.

What happens then - I hope there is a hearing and it's just sanctioned and straight forward.

If the bailiff enforces the court fee and the bailiff fee gets added to the debt.

I would imagine that the application is issued and sent to your ex and he must send an acknowledgement of service and admission or notice to defend. There might not be a hearing depending upon whether a response is provided and what is in that response.

If the order provides for payment and the payment hasn't been made there is no defence from what you have said.

Charles

His answer is that he paid maintenance from when we separated In Aug 15 until the Court order issue and he shouldn’t had done until we got divorced therefore he was allowed to take a year off payment!! I’ve tried to explain it doesn’t matter if you are married or not maintenance has to be paid it’s a first class debt and he didn’t pay a penny from may17-may18 13 months in total and he will argue until he is blue in the face he’s right

If the paid maintenance was meant to be taken into account, the lump sum in the order which be reduced accordingly. It sounds as though you need to enforce and get it sorted without delay.

Charles

The court order started on 1st June'17 onwards not retrospectively.

I have calculated the 8% interest since 1st June'18 and that works out at an additional £869.80....

Thank you for the calculator I would have had no idea about that.