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PRH47BRIDGE! court order update HELP :D

(8 Posts)
BrianAndHisBalls Fri 27-May-11 21:43:15

This has being going on for ages now (nearly 2 years) and you kindly helped me before (many times).

Court order after divorce for child maintenance (not csa related) - exh doesnt pay it, now owes me £6000 in arrears. I registered it in magistrates court, they found for me and ordered him to pay, he didn't. At next court date they said he had to bring in outgoings and income and set an interim order of £200 a month to pay off the arrears.

Now, 3 months later, he's gone to court again and showed his payslips proving he earns £1200 net a month. He then told them his outgoings were £1300 a month but did NOT have to prove this (and included a loan to his father in the amount!) he admitted he paid no bills or rent/mortgage (lives with father rent free).

Court have ordered he pays me 5p a month going forwards and £10 a month off the arrears shock angry

Can I do anything about this? I can't believe that you can have a debt and refuse to pay and get off scott free by showing your outgoings are higher than your income, when those outgoings are things like smoking/iphone/drinking/expensive car etc. Seems totally unfair.

Does this mean you could say not pay a builder, then when they took you to court for their money just say oh well I pay Auntie SHaron £500 a month and my Dad £700 a month so havent got anything left over!

BrianAndHisBalls Tue 27-Sep-11 19:36:37

PRH47BRIDGE - an update and question for you if you're around smile

The tedious sage continues grin

Went back to Magistrates court again today. They have kept it at 5p a month and £10 off arrears (which are now nearly £8,000). angry

He now has a 'proper' job as a solicitor so I thought they would 'up' the payments but they havent (he's on circa £50k and on same outgoings as before unless they have miraculously expanded over the last 2 months!).

They have instead adjourned till January as he has said he's going to apply for a variation of the original court order through the County Court.

So what does that mean? Does he have to have a reason to apply for a variation? Are they likely to grant it? I'm going to get myself a solicitor for when the case does go back to County Court although it feels like throwing good money after bad sad but is there anything you can tell me in the meantime?

sunnyday123 Tue 27-Sep-11 19:56:36

post in primary education as PRH47 is always on there!

BrianAndHisBalls Tue 27-Sep-11 20:12:01

thank you, will try that. What's he doing over there?? grin

Collaborate Wed 28-Sep-11 00:45:33

You should never have registered it in the Mags. IME they haven't a clue when it comes to enforcement/variation, and your case is a good illustration of that.

prh47bridge Wed 28-Sep-11 09:58:56

I agree with Collaborate that the magistrates haven't a clue. I cannot understand their reasoning in coming up with these figures at all. It would take nearly 67 years to pay off the existing arrears at £10 per month.

I have sent you a PM.

mumblechum1 Wed 28-Sep-11 11:54:13

Why aren't you doing an attachment of earnings order in the county court?

BrianAndHisBalls Wed 28-Sep-11 20:16:10

Thank you Prh47 smile

Mumble - I can't remember now it was all so long ago, I think I had to register it somewhere because you had to register arrears within a year of the arrears or you had to obtain leave from crown court to get the arrears if over a year? So the quickest and cheapest way of getting the money (so I thought) was to register with the magistrates court. Its not worked out that way sad

The reason he got the original amount from £200 a month to £10 a month was because he 'proved' that his expenses were more than his salary each month.

He was also about to get made redundant so they said that they'd adjourn until a month or so after his redundancy to see whether he had a new job or not. He does have a new job and a highly paid one so I assumed that they'd at least put the payments back up to £200 a month but they didn't confused

They've now adjourned so that he can apply to county court for a variance.I think on the grounds that during part of this time he was unemployed.

I've asked a solicitor to take the case on and am waiting on hearing back tmrw.

Do you know why the magistrates would have awarded such a paltry amount?

How do I do an attachment of earnings in the county court mumble?

I've tried to do it on my own so far because I couldnt afford the solicitor's fees on top of having all this money outstanding with exh sad

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