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XP - NOT PAYING FOR CHILDREN, CAN'T PAY BILLS !

7 replies

tinytitch · 27/06/2006 10:35

I HAVE NOT RECIEVED ANY REGULAR MONEY FROM XP FOR OVER A YEAR NOW.

HE DOESN'T WORK AS SUCH BUT BUYS AND SELLS CARS. XP SAYS THAT HE HASN'T ANY MONEY AND SO CAN'T PAY ME.

( WE HAD A COURT ORDER THAT HE WOULD PAY ME £200 PERMONTH).

MY MATERNITY PAY HAS NOW FINISHED AND MY DP's SALARY DOESN'T COVER ALL THE BILLS.

CHILD SUPPORT AGENCY CAN'T GET INVOLVED.

WE ARE SERIOUSLY SKINT NOW AND WILL PROBABLY HAVE TO GO BACK TO WORK EARLIER THAN I PLANNED JUST TO PAY BILLS.

IS THERE ANYTHING I CAN DO?

SINCE WE HAVE BEEN APART HE HAS BEEN ON NUMEROUS HOLIDAYS AND WEEKENDS AWAY AND I AM SEROIUSLY PISSED OFF.

OP posts:
Bugsy2 · 27/06/2006 10:55

If he is self-employed he will have to produce accounts. Why can't you get the CSA involved?
Have you asked for advice at your local CAB office?

tinytitch · 27/06/2006 11:35

BUGSY2 CSA CAN'T DO ANYTHING BECAUSE OF THE TYPE OF AGREEMENT WE MADE

I SUSPECT HIS ACCOUNTS DON'T SHOW MUCH PROFIT AS HE DEALS ALOT IN CASH AND BACKHANDERS, ALL VERY DODGY.

HAVE MADE AN APPOINTMENT AT CAB FOR NEXT WEEK

OP posts:
Bugsy2 · 27/06/2006 12:25

If you have a legal agreement, can you not take im back to court?

Freckle · 27/06/2006 12:25

If you have a court order, then he is in breach of it. You could apply back to the court to enforce the agreement.

catsmother · 27/06/2006 14:35

If the court order was made after March 2003, the CSA can overrule it .... though they are notoriously ineffective at getting self employed men who are trying to avoid responsibility to pay up ... not least because books can be "cooked" and obviously they can't apply an attachment of earnings order.

But ... as others have said, he is in breach of the Court Order. You may be eligible for legal aid anyway but I suspect that if you did have to take him back to court he would be ordered to pay your costs too. Courts don't like people who breach orders on their own initiative, even if there's a legitimate reason behind it - if he needed to pay less, the proper way would have been for him to apply for a downward variation and prove to the court he could no longer afford it.

He will get very short shrift if you can also prove to the court that he is claiming poverty whilst going on loads of holidays.

Quite a few solicitors offer a free half hour service and they would be able to advise you about the court procedure.

Maybe you could ask him if he'd like to look after the children if he believes they can be brought up on fresh air ?

tinytitch · 27/06/2006 15:10

going to court seems a bit scary - have a friend that is a solicitor, seems to think it will be a waste of time, but now i am officially skint, and may qualify for legal aid might pursue it.

OP posts:
catsmother · 27/06/2006 17:10

I appreciate it might seem daunting but while you're not being gievn anything you have nothing to lose, especially if you qualify for legal aid.

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