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Form A to discharge a periodical payments order for a lump sum order

2 replies

Secretsout · 31/05/2022 22:27

Has anyone successfully applied for this?

Very long back story. Divorced 4+ years. Ex is a very high earner c£200kpa. He’s tried everything to not make the payments and for 2 years I’ve had an attachment of earnings order.

I’ve just had some court paperwork land that suggests he’s applying for a variation and his SM suggest he’s ‘taking time out for himself’, which looks like he’s made himself unemployed.

I’d like to get a capitalisation to stop all this messing about from him as it’s never ending and stressful.

I can see that on Form A there’s an option to discharge a periodical payments order and substitute it with a lump sum order.

So my question is….is this a simple process? Am I likely to get it granted? Will the judge work out what I would be paid?

Apologies for the questions but I cannot afford legal advice

OP posts:
Collaborate · 01/06/2022 09:50

Depends if there is enough capital lying around to fund the clean break.

Secretsout · 01/06/2022 22:41

Thank you for replying collaborate

100% sure he has sufficient capital. He’s turned 55 this year and has a substantial pension pot on top of the £10k per month net salary with outgoings of less than £5k for at least the last 4 years. The outstanding amount on periodical payments is less than £50k.

I think I need to understand if a judge is likely to award this based on them having to ask him to cash in his savings and/or pension and how would they work out an amount I’m owed given I’m not paying a solicitor to put in a claim

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