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Court order non-compliance

  • jh2917
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02 Oct 12 #358862 by jh2917
Topic started by jh2917
I have been awarded a final hearing court order for my ex husband to pay child maintenance and spousal maintenance dated 30 Aug. He has appealed this outcome on 25 Oct, 5 days before the deadline for appeal. The court has not yet decided to allow the appeal to go ahead.

I had to use my solicitor last month for him to pay the court order, which was finally paid, and he has not paid correctly this month, now 3 days later than he should pay it.
He is American and the CSA have told me they will not pursue him for child maintenance because he is paid in dollars by an American firm but living and working in this country.

What can I do, what penalties are there and must I bear all my legal costs to pursue him?

  • LittleMrMike
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03 Oct 12 #359054 by LittleMrMike
Reply from LittleMrMike
It is very difficult to appeal a final order unless it transparently and demonstrably unfair.

But I doubt if you enforce an order if the order is still the subject of an appeal which has not been determined.

But if and when the order becomes final, and the order is not complied with, then you must consider enforcement, and you should know that you should not delay in so doing as delay can prejudice your chances.

But how you enforce depends on your husband and his circumstances.

I would say that, in principle, you should be entitled to claim your costs. You have a solicitor ; why not use him ?

LMM

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03 Oct 12 #359056 by jh2917
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The order was finalised on 30 Aug. Ex had 30 days to appeal it, he is and saying it is ''wholly wrong''. The court is deciding whether or not to allow it.
My solicitor is warning proceedings against him.

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05 Oct 12 #359390 by LittleMrMike
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What do you mean by '' warning proceedings against him '' ?

If the order is still under appeal I doubt if there is much you can do.

On the other hand, as I said, it is not easy to appeal a judgment made at final hearing, and when it becomes final I see no reason why you could not proceed to enforce.

Mike

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05 Oct 12 #359396 by jh2917
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My ex has only asked to appeal the final judgement, it is already in force and has been since 30 August. So my solicitor has said if he continues with non-compliance, then we will have to take proceedings against him. He has now paid the amount, late again and by cheque. Can I make him pay electronically?

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05 Oct 12 #359398 by maisymoos
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Does the Order state how he should pay you? e.g by standing order? If it does then this is something else you can go back to Court to enforce.

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05 Oct 12 #359404 by dukey
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Don`t waste your time, orders don`t specify payment method and its impossible to enforce an order unless it is one month late, even then its hard to say the least.

He can pay on the 29th of each month and there is nothing you can do about it.

You have my sympathy trust me, but this is the reality.

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