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Liability Orders, Ability to Pay and Imprisonment

1 reply

AlbaGuBrath · 13/10/2014 20:02

Posted in lone parents but no luck so thought I would try here:-

Wondering if anyone can help me, I've received a phone call from the CMS today.

I have had a case with them since approximately November 2013. My ex has not been cooperative at all and they are now going down the route of getting a Liability Order.

I have been told that once it passes through the Sheriff Court he will be served. At this point the court will be looking at any assets he has (he doesn't have any).

I asked that given there are no assets what the outcome could be and was told that they will be looking at his ability to pay. As far as I can tell he is working cash in hand again as they have said they haven't been able to track his workplace through HMRC so this case is flagging up that he isn't claiming benefits but isn't paying tax either so she said they will be looking at how he is living basically.

I was told that an end result could be imprisonment although I am guessing this isn't very common.

Can anyone explain what the process is or have any experience with this?

OP posts:
AlbaGuBrath · 16/10/2014 18:02

Anyone?

OP posts:
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