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Help needed: divorce settlement, ex now not paying..


friendlytiger
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Hi

 

Not Sure where to start.

 

Anyway

 

Story is, I was living in the home with the 3 kids on benefits, DSS were not paying all the mortgage so it went into arrears as ex refused to pay half as he saw it as was not living there so why bother.

 

Bank was threatening reposession (was 3 months in arrears) court hearing was November, I asked for 16k which was less than half of the equity (87k mortgage, house was work approx 125/30k) he could not get a mortgage to cover that 16k, so eventually got me down to 10k.

 

This was on the basis that he had the house and me and the children would find somewhere that took DSS payments on private rent (as council didn't want to know)

 

He agreed in court with the judge there that he would have the house, I would have the contents, and he would give my parents £100 a month until the £10k was paid off (by paying my parents it meant tht the debt we had from them over the 9 years would be paid off - for like doing up our kitchen, paying for a new boiler etc, and that way it was not my money so would not affect my benefits).

 

Anyway, thats the history to my ponderance...

 

He paid my parents November, December and January's payments then stopped saying he cannot afford it, and if I withdrew from the CSA (£300 a month) and he would give me the £20 (cut of from income support) a week and pay for the twins schooling (£25 a week) he would pay up.

 

Obvouslly I am not going to withdraw from the CSA, and the twins didn't suffer anyway by not agreeing.

 

He has not paid a penny since.

 

I filed a claim in court for him to pay the £9,700, at £100 a month. He had till 15th May to respond, he didn't - I was in spain until 23rd. As soon as I came back from Spain I filed the next part saying he didn't respond and I want him to pay £100 a month till 9,700 is paid off.

 

Court sent the paperwork out with the demand of £9,700 forthwith - obviouslly making the mistake and requesting the full amount not the £100.

 

I called court, they have said that I am to file the next bit - which is deduction from earnings/Charge on the house and the other options.

 

So I am now waiting for upto date income support letter to come through before I do that otherwise I will have to pay.

 

Today I recieve a letter from the courts with my ex having appealed against it saying that he has seeked advice from a solictor and was forced into paying so it wouldn't finacially damage him or prevent him from seeing his children - WTF!

 

I called the courts as thought it was too late for him to file a defence as he only had till 15th May to do so? - Courts said ignore it and to still go ahead wth the deduction from earnings or charge on the house.

 

What the heck am I meant to do, I am at total loss as to what is the correct bit of information Ihave been given... was he allowed to fill in the defence after 15th May, or not.

 

HELP!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Thanks

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Hi

 

Not Sure where to start.

 

Anyway

 

Thanks

 

this is quite complex and to be honest I'd advise seeking legal advice, even if its just the 30mins clinic type of appointment where they give basic advice or CAB *might* be able to help. In reality courts SHOULD stick to deadlines where given but in reality they are flexible sometimes.

 

As your ex has obviously talked to a solicitor it would be in your interests to counter that with one too.. sorry just my opinion!

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

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