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Legal matters

Maintenance payment Go to the Court?

7 replies

canyou · 11/07/2012 22:00

So DP was in Court over arrears on Monday, it was sorted before going into the judge as DB could prove her affidavit was incorrect,
So he now has a judgement about how much to pay off the remaining arrears and the maintenance [which her Barrister reduced by £50 per week]
He has no bank details officially and she has both by email and text refused to give them [she wants cash]
Can he go into the court clerk in the morning and show the email and the text because if he has not lodged the money to her by tomorrow he is in breach of a court order, ExWife has refused to take personal cheque, bank draft or postal order.
TIA

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Socknickingpixie · 11/07/2012 22:20

why wont he give her cash and is she willing to provide a receipt?

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canyou · 11/07/2012 22:46

She has lied to her own barrister about cash payments before, she will not give a receipt or at least she would not in the past so he is not willing to hand over anything that is not traceable through a bank transaction or paperwork,

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avenueone · 11/07/2012 22:51

Can he not pay it to her solicitor?

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Collaborate · 11/07/2012 23:16

I agree with paying it to her solicitor. A cheque should do.

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canyou · 12/07/2012 06:53

Thank you I will tell him your advice here is to pay through her solicitor, I don't think he will want to do that but a bank cheque and registered post would be proof he sent it, EXW solicitor has said previously he will only do what his client asks of him so he has form for refusing to take monies for her Hmm
The reason to cause him to not pay is , he is due a large lump some when he retires [very large] exw is entitled to half she wants this now for some reason and wants him in breach of Court Order so he is imprisoned and will lose his job and his lump sum This is what one of his DC has said to him. That is why we need solid proof he tried to pay and if she does not get the money proof that their actions prevented payment,
I know he was wrong not be be paid up to date but two wrongs don't make a right and after being separated 11 years without issues why start now Sad

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Collaborate · 12/07/2012 09:24

In case he just doesn't get it, let me spell it out.

If he sends the cheque to the solicitor, they cannot deny having received it. If he's worried they will deny it, send him in with a copy of the accompanying letter and tell him to get the receptionist to sign a receipt. The letter should state that a cheque is attached, and that it's being sent to the solicitor as she won't provide her bank details to he can set up a S.O.

If she the takes it back to court claiming that he hasn't paid, yet he has a series of receipts from her solicitor proving that he has, it doesn't take Einstein to work out how far she's going to get.

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Socknickingpixie · 12/07/2012 14:20

if push comes to shove and he can prove she has refused to accept a cheque ect and she takes him to court,he can pay cash infront of the judge at hearing thus proof to court its been paid he can also apply for costs as her refuseal caused the none payment

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