Non payment of interim aliment

[beachcitygirl]

Hi I'm in Scotland, hoping for a little advice. I was awarded interim aliment of £425 per month. My stbxh hasn't paid a penny & the balance is now in the tens of thousands. 1 year after the court ordered aliment he went bankrupt. (He's now clear of that)
My question. Is court ordered aliment subject to sequestration. Is it included or does he still owe me that money?
My lawyer is pushing ahead (legal aid ) and trying to get a liability order & serve a charge on him - but wants to make sure it can't be challenged. My lawyer doesn't seem to know if the aliment proceeding & during his bankruptcy can be included.

Can anyone advise?

I'm having to do almost all the leg work myself.

Direct your solicitor to paragraph 2 of Schedule 2 of the Bankruptcy Scotland Act 2016. My understanding is that the pre sequestration ailment would have been caught by the sequestration but not the ongoing obligation during the period of sequestration… but your solicitor is going to have to check that! Of course the whole point of a charge for payment is that if the debtor doesn’t pay you can sequestrate and that wouldn’t really be any use to you if outstanding aliment isn’t caught …

Thank you @Fleur405
It has reached such a level that my solicitor is going to pursue civil imprisonment.

I’ve never heard of that (and I’m a civil court lawyer with 10 years experience)!! Presume though it’s specifically provided for in relation to aliment claims. I hope you recover at least some of your money.