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how to get a court order

ProfilePosted byOptionsPost Date

Rosemary48

Rosemary48 Report 29 Aug 2009 01:14

Hi is there anyone out there who knows if you can get a court order without using a solicitor. My daughter was divorced some time ago and her "prayers" in the divorce papers said she should have maintenance for a) herself b) her 3 children. She never attempted to claim for herself but tried to get maintenance for her children. Her ex has paid absolutely nothing for years and although living a very lavish lifestyle keeps his money hidden from the csa. She keeps being asked if she has a court order as this may help get some money for the children. She has in the past spent a fair bit of money on solicitors (not easy when you've got 3 mouths to feed and clothe) She would now like to apply for a court order herself without using a solicitor. Has anyone out there done this? Sorry if all this is a bit heavy but I'm trying to help her any way I can. I have googled "how to get a court order" but couldn't find what I wanted.Thanks

Elizabethofseasons

Elizabethofseasons Report 29 Aug 2009 02:13

Dear Bobbi

Sent some sites for information to you.

Can anyone else offer some useful advice?

Thank you.

Best wishes
x

Purple **^*Sparkly*^** Diamond

Purple **^*Sparkly*^** Diamond Report 29 Aug 2009 03:13

Can your daughter not take advantage of the free half hour service offered by many solicitors? She was foolish really not to push for the maintenance for herself as well as the children, when it was first mentioned in the divorce papers. It makes it look as tho she can manage. If she is on benefits, surely DSS will be pushing her to get the maintenance?
I hope she can nail this man to pay up what he owes.

Lizx

 Lindsey*

Lindsey* Report 29 Aug 2009 03:51

If she has a court order granting her maintenance for the children, she should return to the Court office and report the non-payment to them.
They should then enforce the arrears and future payments for her
Any payments must be made through the court not privately.
Where children are concerned divorce is never really final until they have finished their education.

In my sons case, they removed the money from his wages as he was totally unreliable with his money.

Rosemary48

Rosemary48 Report 29 Aug 2009 11:18

Hi everyone,

Thank you all for your advice, much appreciated.
At the time of the divorce my daughter was still "in shock" at being left with 3 young children. Her ex offered to pay so the csa etc were not involved. When several months went by with no money being received it was found that he'd gone abroad. (She lives in the UK) My daughter didn't want to live off benefits so as we were just retired, we took on the daytime care of our grandchildren so my daughter could work. I think that because she wasn't claiming any benefits none of the agencies were too worried about her case.We only recently found out that if she had a court order for the maintenance of her children, the country where he has his money banked can help. Hence the question on getting a court order. Once again thanks for your help and we shall follow any advice that we haven't already tried.


Regards to you all

Bobbi

MarionfromScotland

MarionfromScotland Report 29 Aug 2009 11:40

She should go to or phone citizens advice.
They will point her in the right direction.

Marion

Natalie Natasha

Natalie Natasha Report 29 Aug 2009 19:09

Website HM court service have leaflets and stuff to give information and also CLS direct could help.

Rosemary48

Rosemary48 Report 29 Aug 2009 22:58

Hi Marion and Natalie,
Thanks for your input.
We are going into town on Tuesday or Weds so we're taking my daughters divorce papers to court to show them what was listed in the "prayers" about the childrens maintenance and with any luck will get forms to fill in for the court order. I think if we can get one it will make life a lot easier. My daughters ex husband lives a very lavish lifestyle. Top of the range cars, big house in the country, good holidays abroad and my grandchildrens half siblings go to private school - yet - he moans that he can't support his oldest 3 children and doesn't feel he should have to!!!! My daughter went back to work because she didn't want to live off the state but he should have contributed to their upkeep.
My moans over now - it sometimes helps to let off steam!!
Thanks to everyone who's given us advice, it's all very much appreciated.

Regards to all
Bobbi

Jean (Monmouth)

Jean (Monmouth) Report 30 Aug 2009 19:33

Even if she could manage this man should be forced to pay his dues, How dare he father children and not support them, It's the one thing i always told my son I would never forgive him if he did.

Rosemary48

Rosemary48 Report 30 Aug 2009 19:54

Hi Jean,

I agree with you, both parents should be responsible for their offspring. I've had a lot of useful info from the Community which is much appreciated. It also helps me to let off a bit of steam by writing all this down. There are so many supportive people out there - all willing to help. As I said previously we're off to court next week to try and get this sorted. He wont be so smug if we get that order!!!
Regards
Bobbi