Child Support under a court order

shymanuk

we have court order for payments, taken out in 2005 so guess they still do them, !!!!!!!!!!

MXW

Following on from my original post, I received a hearing date for 06/06/07. My kids and I have not had a holiday for 5 years so my dad has paid for us to go on holiday.......on 04/06/07! I panicked like mad and rang the county court who told me to ask for an adjournment in writing, which I did 3 weeks ago, I have rung them up numerous times only to be told that it won't be dealt with as a priority as the hearing date is not until June. I have contacted them again as it is constantly on my mind and I can't sleep and was told that the judge has requested that a copy of my letter of adjournment be sent to my ask asking him if he will agree to this!!! I know for a fact that he will not agree, he would rather me cancel the holiday and the kids go without than see the case being adjourned. I was told to write another letter stating that through no fault of my own I am unable to attend the hearing and that I suspect that my ex will not agree and imploring the courts to adjourn this hearing. I have been told that if my ex does not agree then it will go before the judge again and the final decision will be his! If the judge states the hearing goes ahead as planned then they could make a decsion in my absence or the judge could adjourn the hearing. I am at my wit's end! What do I do for the best??? If it's not adjourned should I cancel the holiday??? My kids will be heartbroken, they have been selling their toys they no longer use to put in a spending money "pot" as they know I struggle financially. Has anyone got any suggestions? Has anyone got any knowledge of the court system and whether the judge is likely to object to an adjournment? On the other hand, what does it say about my ex if he is willing for us the cancel the holiday and his kids go without a well earned break just to show that he is in control? Surely this wouldn't go down well in court. Any advice would be greatly received as I don't know which way to turn.

Many Thanks

kelloggs36

I would put your request in writing and explain exactly what you have said here (without making it sound as though your ex is vindictive though). State that you haven't been on holiday for many years and that one has been booked for you and how much the children have looked forward to it, sold their toys etc. Explain that you understand the importance of the case, but also that you did not deliberately book this holiday in order to be obstructive - it is a one off opportunity which you are sure that nobody would deny the children. Provide evidence of the holiday and also perhaps the evidence of the penalties which would be incurred for changing the holiday and the increased costs involved for having the holiday at a later date could be put to them, which shows that it would be difficult for somebody on a low income to pay.

I am pretty sure that the Judge will be sympathetic. Good luck.

MXW

Hi everyone
Just an update really. I have found out by getting a bank statement that my ex has decided that he is not going to wait until the court hearing for a judge to decide what he should pay, he has already done that himself and not informed me, thus he has reduced his court order payments. I have contacted the magistrates court who have said that he is already in arrears but that they cannot pursue him for the arrears as there is a court date pending at the county court. I have contacted the county court (both courts very very kind and helpful) who suggested that I put everything in a letter and request that the date be brought foward. In the meantime I will be getting myself more and more in debt and am beside myself with worry. Does anyone know how the courts are likely to view the fact that my ex has taken it upon himself to reduce the maintenance and without informing me? Will this go against him? In view of my financial circumstances do you think it is likely that i will get the hearing date brought forward? Will he be made to pay the arrears? Once again my ex is doing his best to drive me into the ground and for the sake of the children I can't allow him to do this.

Thank you

Thank you

kelloggs36

If he is currently under a Court order, then by reducing the payments he is in breach and they won't look upon it too kindly and any reduction would not be retrospective so I am pretty sure that he will have to pay the arrears (but don't quote me!!) I would bring it up at the hearing to highlight to the Judge his actions and the effect it is having on your finances. Let us know how you get on!!

MXW

kelloggs36 wrote: »

If he is currently under a Court order, then by reducing the payments he is in breach and they won't look upon it too kindly and any reduction would not be retrospective so I am pretty sure that he will have to pay the arrears (but don't quote me!!) I would bring it up at the hearing to highlight to the Judge his actions and the effect it is having on your finances. Let us know how you get on!!

I will, and thank you for your support, you have no idea how much I appreciate it! x

MXW

Court date 26/04/07. Fingers crossed!

kelloggs36

Yes deffo - my court date is the following day!!!!!!!!

MXW

Well in that case, we should both be celebrating!! xx

kelloggs36

I hope so! I really do!