court order - child maintenance

p { margin-bottom: 0.25cm; line-height: 120%; } I am writing on behalf of my partner.


She obtained a court order on 26/3/2012 for child maintenance for her ex husband. However after all this time all she managed to get was 12 payments out of him.Been dragging on etc.


We feel he is in breach of the order. He does nothing to support his child.Hardly ever keeps contact with the child now.



How do we get the order enforced.


Do we have to write to the court or have to involve a solicitor?



Many thanks, any advice be great.

Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    If it's for maintenance, you can use the CMS (Child Maintenance Service) - if he's unemployed or self-employed, then it's going to be tricky.
  • marywooyeah
    marywooyeah Posts: 2,656
    First Post First Anniversary Combo Breaker
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    Guest101 wrote: »
    If it's for maintenance, you can use the CMS (Child Maintenance Service) - if he's unemployed or self-employed, then it's going to be tricky.

    This isn't correct - if there is a Court Order in force which the ex-husband is failing to comply with then your partner needs to write a formal letter to him - either via a Solicitor or herself - stating that if he does not resume payment and pay the outstanding amounts he has failed to pay then she will be returning the matter to Court to enforce the order.

    It would then be up to the ex-husband to contact the Child Maintenance Enforcement Commission to request a reassessment of his liability for maintenance, and to then seek a variation of the Order if his income has significantly changed since the making of the Order which renders him incapable of making the payments.

    Is the maintenance provision contained in a Consent Order?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    This isn't correct - if there is a Court Order in force which the ex-husband is failing to comply with then your partner needs to write a formal letter to him - either via a Solicitor or herself - stating that if he does not resume payment and pay the outstanding amounts he has failed to pay then she will be returning the matter to Court to enforce the order.

    It would then be up to the ex-husband to contact the Child Maintenance Enforcement Commission to request a reassessment of his liability for maintenance, and to then seek a variation of the Order if his income has significantly changed since the making of the Order which renders him incapable of making the payments.

    Is the maintenance provision contained in a Consent Order?

    I thought the CMS was able to enforce court orders?
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