Divorce lump sum not paid

destress

xylophone said:

My solicitor has tried prompting payment via his solicitor but no success. 

Then he had better try prompting a bit harder?

You paid him to do a job which he hasn't yet completed?

My ex is isn't responding to solicitors so in the meantime I wondered if I could apply somewhere to have the court order enforced. 

Cobbler_tone

You need to continue to pay the solicitor to chase him and then approach they will approach the court. You could write to the court yourself but it could well disappear down a black hole. You do need to be pushy with solicitors but unfortunately the bills will continue to mount up. This is why I effectively handed over £500k of cash (in assets) to retain my pension, as I wanted future security. Depending how stressful and protracted your divorce has been I am surprised he didn't just hand it over. I'd certainly had enough of the BS after 5 years. It might be painful but you will get the money eventually, it's a legally binding agreement.

Hoenir

xylophone said:

My solicitor has tried prompting payment via his solicitor but no success. 

Then he had better try prompting a bit harder?

You paid him to do a job which he hasn't yet completed?

The solicitor hasn't been paid from my understanding and the OP is unable to pay what is currently owed. This would explain the reluctance to do perform huge amounts of additional work now. 

xylophone

The solicitor hasn't been paid from my understanding 

If he hasn't been paid, surely it would be in his own interest to get the OP the lump sum to which she is undoubtedly entitled so that she can pay him?

Cobbler_tone

I'm not a legal expert but have plenty of first hand experience in this area.
Without the full details something doesn't quite stack up. If the PSO was a part of the consent order, then I doubt if all of the pension went to one party on good faith to transfer it to another. The PSO is served on the scheme and not the individual.
If it is a lump sum commitment (i.e. cash liability), that could have been time dated with a schedule of payment. My ex always said I could get her lump sum from my pension...but this was never my intention and there was no way I was going to access it earlier than I needed to. I had 5 years of (relative) poverty and saved it.

I wouldn't worry about him 'moving away' with it. His only ultimate chance of escape is bankruptcy, although fully appreciate the stress and cost attached to situations like this. 

destress

Cobbler_tone said:

You need to continue to pay the solicitor to chase him and then approach they will approach the court. You could write to the court yourself but it could well disappear down a black hole. You do need to be pushy with solicitors but unfortunately the bills will continue to mount up. This is why I effectively handed over £500k of cash (in assets) to retain my pension, as I wanted future security. Depending how stressful and protracted your divorce has been I am surprised he didn't just hand it over. I'd certainly had enough of the BS after 5 years. It might be painful but you will get the money eventually, it's a legally binding agreement.

Thank you. I've continued to pay my solicitor and agreed set amount each month. I just want to know if there's something I can do to enforce the court order myself 

destress

Cobbler_tone said:

I'm not a legal expert but have plenty of first hand experience in this area.
Without the full details something doesn't quite stack up. If the PSO was a part of the consent order, then I doubt if all of the pension went to one party on good faith to transfer it to another. The PSO is served on the scheme and not the individual.
If it is a lump sum commitment (i.e. cash liability), that could have been time dated with a schedule of payment. My ex always said I could get her lump sum from my pension...but this was never my intention and there was no way I was going to access it earlier than I needed to. I had 5 years of (relative) poverty and saved it.

I wouldn't worry about him 'moving away' with it. His only ultimate chance of escape is bankruptcy, although fully appreciate the stress and cost attached to situations like this. 

Thank you. I was awarded a lump sum that being my share of the house. Also a percentage of the pension. I still haven't had the lump sum and don't know how to enforce the court order so that I get the lump sum? I've asked on here but nobody seems to know

destress

Hoenir said:

xylophone said:

My solicitor has tried prompting payment via his solicitor but no success. 

Then he had better try prompting a bit harder?

You paid him to do a job which he hasn't yet completed?

The solicitor hasn't been paid from my understanding and the OP is unable to pay what is currently owed. This would explain the reluctance to do perform huge amounts of additional work now. 

I pay the solicitor and agreed monthly amount 

xylophone

What exactly is your solicitor doing for his fees?

Has the house actually been sold?

If nor, can your solicitor not arrange for a legal charge to be be recorded?

Cobbler_tone

destress said:

Hoenir said:

xylophone said:

My solicitor has tried prompting payment via his solicitor but no success. 

Then he had better try prompting a bit harder?

You paid him to do a job which he hasn't yet completed?

The solicitor hasn't been paid from my understanding and the OP is unable to pay what is currently owed. This would explain the reluctance to do perform huge amounts of additional work now. 

I pay the solicitor and agreed monthly amount 

The solicitor should be applying (or already applied for!) court enforcement if he has breached his consent order. Then the likely output will be one of the following:

Attachment of Earnings Order: The court may order that a specified sum is deducted directly from the breaching party’s wages.
Charging Order: A debt may be secured against a property owned by the breaching party. The court can even force the sale of the property to pay the debt.
Warrant of Execution: A bailiff may be ordered to seize and sell items of value from the breaching party’s home to cover the debt.
Property Transfer: If the breach relates to property transfer, the court can sign the necessary documents on behalf of the breaching party.
Fines or Imprisonment: The court can impose fines or, in extreme cases, imprison the breaching party for contempt of court.

If he has the money then you will get it. 

His only reasonable explanation for breaching it are:

Financial Hardship: If redundancy, injury, or illness has significantly affected their ability to meet the obligations.
Unforeseen Circumstances: Situations that could not have been anticipated at the time of the agreement.