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get costs back

  • jemma12345
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1 month 1 day ago #512687 by jemma12345
get costs back was created by jemma12345
Hi
I divorced for unreasonable behaviour and was awarded costs in jan but ex is refusing to pay
how can i get this money back? a friend suggested using a sherriff as this is owed to me?
Can i let the court know he hasn't paid it? Also can i claim back tax on solicitors fees?
i am fed up of a system that is unfair and let's the party with more money win the system says it protects the children but i have 2 dependant children and im trying to support them while the ex spends spends spends and has solicitors paid by parents. This is affecting mine and my children's mental health as our future is so insecure.We don't have means to buy another property if i dont get more equity. But he wont budge- even if that means we will be council house

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1 month 14 hours ago #512696 by .Charles
Replied by .Charles on topic get costs back
If the amount of costs is a specified amount you can enforce the order as a money judgement.

However, if the order you have is something along the lines of "the respondent do pay the petitioner's costs, to be assessed if not agreed" there are a number of hurdles over which to jump.

Can you give some more information?

Charles

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1 month 14 hours ago #512697 by jemma12345
Replied by jemma12345 on topic get costs back
I will have to check documents. But my solicitor told me I have been awarded all costs to be paid £1300. We requested it and he just ignored it then said he would appeal .but heard nothing about that . I need this money I don’t like fuss or hassle . I divorced for a peaceful happier life but ex is still controlling things just from a distance

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1 month 1 hour ago #512705 by jemma12345
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how do i enforce and how much will it cost?

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1 month 1 hour ago #512706 by .Charles
Replied by .Charles on topic get costs back
Once you've checked your documents let us know the order that the court made.

Charles

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4 weeks 10 hours ago #512721 by jemma12345
Replied by jemma12345 on topic get costs back
We were
advised by the Court that this means that the order for costs is stayed as per the
Certificate of Entitlement to a Decree. You will note that the Certificate of Entitlement to a
Decree states that the Respondent is to pay the costs of the Petitioner

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3 weeks 3 days ago #512778 by .Charles
Replied by .Charles on topic get costs back
It's still note clear what the order is. Can you find the wording of the costs order? It should say something like:

(1) "the petitioner's costs to be paid by the respondent, to be assessed if not agreed"

(2) "the respondent pay the petitioner's costs in the sum of £1300"

If the order is like (1) it's more problematic, if it's like (2) it's fairly simple.

Charles

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