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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.


Non payment

  • AdventureKitty
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11 Jun 12 #336149 by AdventureKitty
Topic started by AdventureKitty
My ex has only once in 4 years paid the amount on the court order. He has his own business and so just writes his own pay cheques to suit.
I''ve managed to find online a contract that he''s just won in March, that''s worth £80,000 but he wont pay me yet again this month. He hides all his money through his girlfriends business. What chance do I have of actually getting some maintenance if I take this back to court? Are there any circumstances in which the court looks into his girlfriends accounts? They''ve lived together since the day he left here, so they''re common law husband and wife. He went bankrupt last year.

Thanks for any help

AK

  • wscowell
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12 Jun 12 #336232 by wscowell
Reply from wscowell
Kitty, you''re wasting your time with the courts, they don''t have the power to make contested child maintenance orders. If there is an existing order in place, you could try to enforce it, of course.

The CSA is the usual place to go for the "won''t pay" type. The trouble is, he is likely to lie to them and they may believe him unless you have enough evidence to be able to prove he''s hiding his true income.

Good luck - either way, the current system is inadequate.

Will C

  • Child Maintenance Options
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19 Jun 12 #337564 by Child Maintenance Options
Reply from Child Maintenance Options
If your ex partner has not being paying the amount on the court order, then you can apply to the court to have them chase him for the payments, although with him hiding his earnings through his girlfriend’s business, it might be advisable for you to first seek legal advice. You can contact Community Legal Advice on 0845 345 4345.

However, if the court order was made prior to 3 March 2003, the CSA have no jurisdiction and you will have to go back to court. If the court order was made after 2003, and it is in excess of 12 months, you can apply to have child maintenance payments collected by the CSA and you would be able to claim ‘variations’ which is where his lifestyle does not appear to be supported by his income. They would then investigate his income further. Unfortunately the CSA cannot enforce any outstanding payments not paid under the court order.

  • Fiona
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19 Jun 12 #337604 by Fiona
Reply from Fiona
If you have a court order for maintenance any arrears can be enforced through the courts. Permission from the courts is usually granted for arrears more than a year old although usually it''s granted.

When there is evidence of someone transferring income to avoid child maintenance liability the court has the authority to order a third party to attend a productions hearing and provide documents.

I agree you really need a solicitor for this, but the court could make a costs order so that your ex has to pay your costs or at least some of them.

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