enforcing a consent order

[shazza44]

my husband and ex wife were granted a consent order 8 years ago stating when his daughter reached 18 he received a payment from the property he jointly owned with his ex wife,his daughter is now 18 and his ex wife is refusing to give him the money,does anybody know can she do this?

[bednobs]

Not on the face of it. if he has a court order, then he should be able to go back to the court to enforce it.

is there a reason she dosen't want to pay up? Hpuse prices dropped? will it leave her destitute?

[hc4361]

He can apply to the court for an Order for Sale.

[Barmaid]

Have a look at the Court Order was there a clause stating "liberty to apply....."? Makes a difference as to what action you take.

[Jet]

If a court order was granted she cannot go against this - unless it was specified if the child was still in futt time education. Get him to have a chat with his solicitor to move things forward. Good Luck.

[murraymints]

order of sale is a cosstly business though !!

[sassenach]

This is a very typical order made at the conclusion of ancillary relief proceedings, and it is capable of enforcement in the county court. He effectively has a charge on the house and he can apply for an order for sale, or alternatively his wife can buy him out. The court will probably be sympathetic to him as these orders are meant to be complied with, and she did after all agree to it.

[shazza44]

there is a liberty to apply as to the implementation and timing of the terms of the order,but it stipulated that he has to be paid when daughter 18 and not when she leaves full time education,he has complied with everything on the order and she said she can't pay as she a single mum even though she works full time and youngest child is 18 and works part time while at college and leaving college in april to go to a full time job. she says she has recently re-mortgaged thats why she can't pay!!!

[bednobs]

then he will have to threaten her with going to court to get the house sold i guess

[murraymints]

'fraid she is on a very sticky wicket....I would start looking around for alternative accommodation...does not help to stick head in the sand I'm afraid

[bednobs]

why should shazza look round for other accommodation?

[murraymints]

Not Shazza Bedknobs you silly billy....the ex !!

[shazza44]

the property is worth 40 thousand more then when my husband signed consent order so she certainly wouldn't be destitute if had to sell depending on what debts she has. The sad thing is she has got the two daughters involved and the eldest one wants nothing to do with him now because he asked when he would be receiving his money!!! The ex has also said he has to pay maintenance till sept 1st but 18 year old will be working full time from april so can't see that being right.

[murraymints]

the september date is applicable if a dependant child is 18 still in fte and is going onto further ie uni education, csa says you pay even if they are over 18 up to term starting again...but if she is going to be working full time don't think he should be paying either,,,,phone CSA

[shazza44]

thanks will get him to do that,he has now made a solicitors appt for next week to start proceedings to get his money.

[murraymints]

Good luck Shazzz... I went through similar with my other half and his ex...she thinks that we have to keep paying when his eldest goes to uni...NOT going to happen...of course I am the baddy in all of this......

[shazza44]

think us "new partners" always the baddies!!! my hubby and i have a ten year old son so would be nice for him to finish paying maintenance and for us to move forward in life!! thanks to everybody for the advice.

[murraymints]

take care Shazz...xx..