What is a court order worth?

[HappyFace]

My sister divorced about 6 years ago, having separated from her husband due to his infidelity. They have two children between them. Prior to their split they owned a four bedroom detached property worth �250k (mortgaged). When they split it was agreed that they would sell up and as she would be having the children he would ensure she had a property mortgage free. Also as part of the divorce settlement he would pay her �600 per month. All this was agreed by court order, and it was on the condition that my sister had no rights to his pension scheme or endowments he had. Over the years the money has dwindled down to �100 a month. She never knows when she is going to receive it. My sister now has a partner. So does he. He is a market trader and always deals in cash. Recently he bought a property with his new girlfriend. They sold that. He then bought land at the back of his mothers house (for �245K confirmed by Land Registry) and built two 4 bedroom detached houses, moving into one and selling the other for �400K. My sister has visited a solicitor and worked out that over the last two years alone he owes her nearly �15K. The solicitor has sent him a letter asking to pay up. He has also now visited a solicitor and has had the cheek to suggest he reduce the amount to just �75 a month. His argument is that he used to earn �50K a
year but now only earns �4K and that my sister has managed OK with his reduced payments so far. This is only because my mother has bailed her out several times. He drives a �50K BMW, the house I assume is in his name too. What are her options?

[vehelpfulguy]

If she kept the children then after her hsband moved out she would have had the right to stay in the original family home till they were 18.

When they were 18 then the family home would have to be sold, or she would have to buy him out.

I know it is a bit late now, but she was obviously badly advised when they first split up.

[sleepyj]

no they can make you sell up .

[Mrs_Pegasus]

I am a little confused by your question and the answers.

Is your sister now mortgage free?

If there is a court order then she needs to go back to the court with proof of what she has received/receiving and they will then approach her ex with a court order of the total amount owing based on their agreement.

I cant see where the house has anything to do with this unless of course she is still living in it but then its up to her to sell it and her ex to ensure she is mortgage free as per the agreement.

If she has all this proof then give it to the courts and not the solicitor.

[lady_p_gold]

I think she was badly advised too, to give up the pension rights which can be one of the most important things for future security, and as previously said, why did she have to sell up .... she could have remained in the house. However it is all too late now, and I think that she should put it behind her, because OK he might be a bad 'un but if she lets it eat her up with injustice he is winning in a way. She can probably get the back child support, but he is going to be a slippery customer and she is going to have to spend money on solicitors and court appearances etc. Might just be best to draw a line, however unfair it might seem and to concentrate on her hopefully more fulfilling relationship.