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register child maintenance order in magistrate....

alreadydivorced
Posted by
Junior Member

10 Sep 12 #354966 by alreadydivorced

Topic started by alreadydivorced

Hey Peeps!
Any reliable information about Registering child maintenance Order in the Magistrates Court? Specifically, on page 3 of leaflet EX327 "I`ve got a maintenance order but its not being paid" it mentions (paragraph one) sending the application along with "supporting evidence" but fails to inform what evidence is required.
I can`t seem to find out about this anywhere! Do I need to send documentation of the payments/non-payments? Bank statements? Statement from the non-payer detailing intention to non-pay? (I do have the latter......)
Thanks in advance, hope someone chips in here.

WYSPECIAL
Moderator

10 Sep 12 #354973 by WYSPECIAL

Reply from WYSPECIAL

Have you got an order or an agreement?

If you have got an order thats not being paid go back to the court and ask for it to be enforced.

If what you have is an agreement that isn''t being paid then courts have no jurisdiction you will need to ask CSA to make an assessment.

If it was an agreement it only lasts as long as the parties agree. If your ex has changed their mind and no longer intends to pay contact CSA as soon as possible as they''re wont be any back dating.

alreadydivorced
Posted by
Junior Member

10 Sep 12 #354984 by alreadydivorced

Reply from alreadydivorced

Yes, it was a Consent Order. I`ve filled in the D151 in duplicate, copied and enclosed the Court Order, written out the cheque for the Court fees but this mention of "additional evidence" threw me......

WYSPECIAL
Moderator

10 Sep 12 #354987 by WYSPECIAL

Reply from WYSPECIAL

How old is the court order and how much would your ex pay if they paid via CSA?

If court order more than 12 months old then might be a better route to go with CSA.

Child Maintenance Options
Moderator

12 Sep 12 #355506 by Child Maintenance Options

Reply from Child Maintenance Options

Hello

Thanks for your post

Before going to court parents need to agree a figure, usually with the help of a third party and then the Court Judge decides if the amount looks fair and reasonable. Once an agreement has been converted into a consent order then the parent is legally liable to pay the amount the court has endorsed. Before sending your application to the courts it''s important that you take legal advice from a solicitor. They will tell you what’s needed to prepare for court. If your solicitor is unable to help, Community Legal Advice may be able to give you some more information or advice. Their helpline number is 0845 345 4345.

Fiona
Platinum Member

12 Sep 12 #355538 by Fiona

Reply from Fiona

This is about enforcing child maintenance agreed in a consent order I think.

With the form you enclose a statement setting out how much is due with a breakdown of the figures, under what order and verify it with a statement of truth.

Hope that helps.

alreadydivorced
Posted by
Junior Member

13 Sep 12 #355618 by alreadydivorced

Reply from alreadydivorced

Yes, that`s helpful. I`ve already sent the forms off but think I have included enough setting out the arrears, the calculations, etc.
Statement of truth? In the EX327 it says that you need a statement of truth for attachment of earnings/warrant of execution/charging order, not for registering maintenance order?