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Wasted court appt, ex still not paying sm!!!

  • NoWhereToTurnl
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10 Jul 12 #342272 by NoWhereToTurnl
Topic started by NoWhereToTurnl
I went to court on 28/06/12, ex had unilaterally decided he would just stop paying joint lives periodical payments, then applied for variation to get his liability dismissed. He failed to fully complete his form E, provided no proof and exchanged the night before court. For all these breaches he did not even receive criticism & smiled like a cheshire cat as he left.

The only benefit of going to court was him agreeing to reinstate periodical payments awaiting the outcome of the final hearing and pay the arrears. Periodical payments had to recommence 1/7/12 and he had 7 days from 28/6/12 to pay the arrears.

My solicitor wrote to his sol on 5/7/12, no reply and now, as of 10/7/12, I have not received a penny!

A total waste of time & money going to court, I am so frustrated and struggling to pay my mortgage whilst he lives a life of luxury and gets away with it all again.
:(

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10 Jul 12 #342274 by dukey
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Pants isn''t it, he wont actually be in breach with SM until the first day of next month, so yes he agreed to reinstate 1/7/2011 but he only is in arrears from 1/8/2012, the money he owes from before though can be enforced, have you called the enforcement officer in court and made them aware he has not paid the arrears?, its the first place to start.

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10 Jul 12 #342279 by maisymoos
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Hope the judge gets the picture. How long do you need to wait for the Final Hearing? I sympathise with your situation, my ex is the same, makes up the rules as he goes along, getting the right money even with a court order in place can be an uphill challenge :(

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10 Jul 12 #342291 by NoWhereToTurnl
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Thanks dukey, I will phone them about the arrears, I didn''t think about the SM not being in arrears until 1/8/12, will follow that up on 2/8/12 :(

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10 Jul 12 #342292 by dukey
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Its the way it works sadly and you`ll probably find he pays before 1/8/2012, call your solicitor and ask a judgement summons be listed to force him to pay, there are other options your solicitor may want to consider before this but the judgement summons tends to be the end of the road with people who show complete contempt for court orders.

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10 Jul 12 #342294 by NoWhereToTurnl
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Hi maisy,

Thank you for your support, FH date not yet known but DJ directed it not to be listed until after 27th Sept 2012.

Ex is such a bag of S*1t :(

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13 Jul 12 #342966 by NoWhereToTurnl
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Hi everyone,

An update to this post;

A very big thank you to dukey for his support and excellent advice, I did as he recommended and the result was a cheque received in the post yesterday!

With the knowledge that I was serious about enforcement, the exh has paid the arrears and July''s periodical payment (sm). He knows my bank details but also knew I would have to do a 22 mile trip to go to the bank, so sent a cheque which should clear Tuesday next week.

He has not actually re-instated the payments which had been by direct debit, instead I have received a letter from his solicitor with an offer!
15K to agree to discharging his liability to joint lives periodical payments and pay my own legal costs, one counteracts the other so a no win situation for me but a huge gain for a very rich man. Through gritted teeth, remembering my manners, the answer is "no thank you"!

The next stage is to see what weird and wonderful character annihilation comments he makes in the answers to our questionnaire. You will all know how hurtful these untrue comments are and I am doing my best to ignore them, remember its all part of the adulterers pattern.

Stay positive everyone and take care
B)NWTT x

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