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Help with enforcing unpaid child maintenance (CMS don't have jurisdiction)

3 replies

MajesticSloth · 02/03/2025 22:31

Ex has a growing debt of unpaid child maintenance over the last 2 years. Has really messed me (and therefore, the children) around with paying on whatever day he fancies, whatever amount he fancies, and whichever way he fancies. In other words, he doesn't follow the court order for date, method and amount. I know 2 years seems like a long time to finally take action, but the outcome of the final order was so horrific that it left me reeling for ages, scrambling around when I could find time outside of being the sole carer to our children to see what my options were, with very little recourse to advice (I had legal aid originally, but as the case was closed and the house sale ordered, it meant my capital was then trapped in the house and I am now ineligible for legal aid).

Anyway, seems like my only option for now is to apply for Enforcement. Would really appreciate any words of advice here. The debt currently stands at over £6k. Can I apply interest on it, or does the Court Order have to specify that to allow me to? What level of disclosure (if any) will he be obliged to provide? On that, in the original proceedings, he didn't comply with the court order for disclosure, but sadly my lawyers didn't pursue that properly (nor, perhaps, did the court), which meant all that non-disclosure was still there for the final hearing, and the judge could only make very general inferences for non disclosure because the lawyers didn't pursue it properly beyond simply asking for it in the back and forth schedules of deficiencies (of course, he refused most requests for disclosure, saying they were disproportionate or irrelevant!). So presuming the same happens again, how could I handle that differently, now that I will be a litigant in person?

Also, any idea of what the likely timescales are these days? Thanks in advance!

OP posts:
MajesticSloth · 02/03/2025 23:49

Also should add CMS don't have jurisdiction because ex lives abroad in country with no reciprocal agreement with UK

OP posts:
nappingthroughjan · 03/03/2025 00:44

Does your ex have any assets (property, bank account etc) in England & Wales?

If not, then you would need to get your English court order recognised in the jurisdiction he lives in and then enforce it there. You'd need to take local legal advice in the country he lives in - it may well unfortunately prove more expensive than the debt he owes. Which country is he in?

MajesticSloth · 03/03/2025 21:48

nappingthroughjan · 03/03/2025 00:44

Does your ex have any assets (property, bank account etc) in England & Wales?

If not, then you would need to get your English court order recognised in the jurisdiction he lives in and then enforce it there. You'd need to take local legal advice in the country he lives in - it may well unfortunately prove more expensive than the debt he owes. Which country is he in?

Thank you for your reply. Yes he part owns the FMH, has at least one bank account in the UK, and a small company that is persistently late with fling its accounts, gets gazette notices for compulsory strike off action, then discontinues it, to maintain the company's active status. I understand his main work is not through this company, however, but he's working for a company / HNW individual in the Middle East, as well as possibly some consultancy work, for the last few years. But none of that was disclosed in proceedings, and sadly my legal aid team did a poor job of properly pursuing that lack of disclosure. He also is a native of a country that DOES have a reciprocal agreement with the UK, has lots of family over there and travels there regularly, and I think probably wants to end up returning there for good one day. He does seem to return to the UK a few times a year.

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