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Legal matters

Which forms to complete when chasing XH's non payment from court orders

6 replies

Leslaki · 29/12/2009 09:39

Short summary: last january when we got our decree nisi the court ordered X to apy 75% of my costs - I ahve all the paperwork, documentation etc and he is refusing to pay. In July our divorce consent order said he was to pay £850 per month in maintenance. At the end of Nov he wrote to me claiming he was filing for bankruptcy (he hasn't as I checked with the court), had no money (yet is constantly out spending - he spends his weekly contact time with the children and his gf shopping) and he could no longer affors to pay all the maintenance and would be reducing it to £600 as of 16/12/09 and he would review it periodically. he only paid £600 on 16th Dec.

I ahve spoken to the court and they sent through a whole load of forms, all about bailiffs and enforcements. The form I think I should complete is the attachment of earnings form. What I need to know is:

  1. should I combine the £900 he owes me in divorce costs with the £250 maintenance arrears on the same form or split it into 2 - I was worried as it mentions that if there are more than one applications for attachment of earnings they are combined and you might not get all that is owed?
  2. Is there a better form to complete?
  3. When it asks for claim number - is that the court order number on all my divorce court orders etc or do they crerate a new one for me?
  4. When it asks for court fees it states that he will have to pay them but also says that I shouldn't include them in the amount owed.


Thanks for any advice - I've had enough of it all now, been going on for nearly 2 years and I get weekly abuse from his awful GF!
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Leslaki · 31/12/2009 08:52

bump - anyone?

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mumblechum · 01/01/2010 20:12
  1. Yes.


  1. No, although you could treat the costs order as a oneoff and send the bailiffs in, but I wouldn't advise it as he has to have removable goods worth more than £900 second hand value.


  1. Yes. They'll use that to track down the divorce file then put a new no on your AE appln.


  1. I haven't done one of these forms for years so can't remember, but generally with court forms it says Amount Owed:

Court Fee:
Total:

And you'd just leave the total blank. That's because the maintenance arrears may keep increasing so there isn't a definite total.
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Swedington · 01/01/2010 20:17

Mumblechum - do you take on freelance work?

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mumblechum · 01/01/2010 20:19

No, sorry. I'm happy to give a bit of freebie advice when I have the time, though.

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Swedington · 01/01/2010 20:27

Mumble

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Leslaki · 02/01/2010 12:06

Thanks for all your help Mumble, I was slightly tempted to send the bailifs in as he definately will have way more than £900 in removable goods - he can't stop buying himself treats - has at least 3 laptops, 3 Playstations and a PSP and gets new TVs, gmaes consoles etc quite regularly.
Unfortunately I think the maintenance arrears will keeo increasing.

Will get those forms off to court on Monday. Here's hoping I'll get it back!

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