I've been helping my brother's partner in her attempt to get some child maintenance from her ex.
After quite a long process she's managed to obtain a deductions of earnings order and is now receiving regular payments direct from her ex partners salary.
However, we have a question about some money he owes her still and how to obtain it and hoping someone here might know?
When they first separated (3yrs ago) she had no contact with her ex and he paid no maintenance. Then about a year ago he was in contact again & was having some contact with their child and she contacted the CSA to arrange maintenance- her ex seemed to be reasonable at the time so she told the CSA that she was happy with him paying her Maintenance Direct (MD). They contacted him, took his payslips and calculated how much he should pay and sent this calculation decision to them both and he should have paid her direct each month. Unfortunately, six months later he hadn't paid a penny and she didn't realise she could do anything about it at the time so didn't do anything and struggled on without his financial support.
Anyway. Since then I've helped her get back in touch with the CSA & request they collect the money for her, the ex refused to pay & during the process of obtaining the deduction of earnings order her ex appealed the amount, he lied and said he had their child 3 nights a week when he didn't! His appeal went to tribunal & (as expected) he had no proof & she could easily disprove his claim so the tribunal awarded in her favour and the amount of maintenance he had to pay was kept the same.
This is where it gets complicated. The Judge at the tribunal sent out a decision letter. The tribunal considered the entire period of the CSA claim, including the 6 months where he should have been paying her maintenance direct and the period afterwards where CSA were collecting & enforcing payments. The period afterwards (since they were asked to collect) has been dealt with by CSA as result of the tribunal decision and his arrears been added to his payments taken direct from his salary. But what about the 6 month period when he should have been paying maintenance direct? The tribunal liability order states the dates quite clearly and that he is liable and the amount due. CSA say they can't get involved as it was a maintenance direct period & therefore out of their jurisdiction even though he never paid. But a CSA advisor has told her that the tribunal Judge's liability decision notice is enough to enforce it, but that they can't get involved or advise her who it is that can help her.
So (sorry, long winded) does anyone know how she can get him to pay the money he is liable for? Would she be able to take it to the small claims Court due to her having the Judges decision notice stating clearly he is liable to pay or is there another way to enforce other than CSA? It's 6 months worth of maintenance and is. a large amount as he's on a good salary and it's money her child is owed and could be put to good use.
Thank you in advance if you can help...