I can’t remember which user name I posted under before but long story short, I got a charging order against the FMH after XH didn’t pay me my court ordered share. When I came to do this, I discovered there were three COs ahead of mine and then the property was repossessed.
It sold last year and I’ve just had the remaining surplus paid to me from the third charge holder. I understand that I now have to transfer any surplus to my XH but I’m unsure on a few points if anyone can help please?
- The consent order provided for £60k to be paid to me. With statutory interest, by the time I got the CO, the debt was £71098 plus some costs. There have been 406 days elapsed since then - do I work out the statutory interest on the original debt or the debt in the CO? The wording on the final CO is as follows:
’The interest of the debtor, XH, in the asset described in the schedule below stand charged with payment of the sum of £71098 the amount now owing under a judgment or order given in 2019 by Family Court in claim number X together with any further interest becoming due and £x the costs of the application’ and ‘the costs are to be added to the judgment debt’.
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who do I pay the surplus to - XH direct or the solicitors dealing with the repossession and sale? Is there a time limit for returning the money?
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XH owes just short of £20k in unpaid child maintenance which is almost all of the remaining surplus. I’ve made CMS aware that he’s about to get this money. They’ve previously managed to get a lump
sum from one of his accounts but they informed me he has stopped using this account. I know he will hide the money if it’s transferred to him. Is there a way for them to take this money before he gets it?
I’d be so grateful for any advice. Thank you.