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  • stressed1
  • stressed1's Avatar Posted by
  • Senior Member
  • Senior Member
19 Jul 12 #344210 by stressed1
Topic started by stressed1
My ex-husband is not paying maintenance and I have gone to court to enforce it but was informed that it was an undertaking not an order for him to pay. The undertaking was a promise to me and not the court. Despite there being a penal notice on the order etc.
My solicitor wrote the following also giving me false reassurance

''The other amendment I have requested relates to a recent change in the la on your Consent Order, which came
into force on 1st April 2011. This allows for undertakings which are given within Consent Orders to be enforced through the Court if they are not complied with. I am simply requesting that your husband''s Solicitors make the necessary amendment to the Consent Order which would ensure that the Undertakings would be regarded by the Court as enforceable. This
simply provides you with an extra layer of protection''.

The judge however, does not agree. Where do I stand? My solicitor had confirmed that I had not made the right application, I checked with the court the appropriate application that I should make and they confirmed a Notice of Application. I am getting incorrect information left right and centre.

Help would be appreciated.

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