Ex's former employers haven't paid pension sharing for two months. Advice please

[retired solicitor]

Re: Ex's former employers haven't paid pension sharing for two months. Advice please

Hi - I will need to see a copy of the 2001 order and a copy of the order you've just mentioned.

[Rosie500]

Re: Ex's former employers haven't paid pension sharing for two months. Advice please

Hi I'm sorry for taking so long in getting back to you. I am unable to find the file in which I filed the 2001 court order.

Thisis the gist of what it says: I will receive £150 per month maintenance until my ex retired when I was to receive £700 per month or 43% of his pension. He was made redundant in 2003 (I didn't find out until about 2005/2006 about this) He never paid anything at all I only received the £150.00 per month. The £700 according to the order is until my death or remarriage. I will continue to look for the file. Going back to the protected earnings rate the court order says it can vary, reading between the lines I wouldn't think it would vary too much. If my thinking is right about the protected earnings rate I wouldn't think it would vary too much and that the payments would be reduced to reflect this and that once things went back to normal the arrears would become payable. I do have a sneaking suspicion that he could have manipulated his income to get round the order.

Rosie500

[retired solicitor]

Re: Ex's former employers haven't paid pension sharing for two months. Advice please

Hi I'm sorry for taking so long in getting back to you. I am unable to find the file in which I filed the 2001 court order.

Thisis the gist of what it says: I will receive £150 per month maintenance until my ex retired when I was to receive £700 per month or 43% of his pension. He was made redundant in 2003 (I didn't find out until about 2005/2006 about this) He never paid anything at all I only received the £150.00 per month. The £700 according to the order is until my death or remarriage. I will continue to look for the file. Going back to the protected earnings rate the court order says it can vary, reading between the lines I wouldn't think it would vary too much. If my thinking is right about the protected earnings rate I wouldn't think it would vary too much and that the payments would be reduced to reflect this and that once things went back to normal the arrears would become payable. I do have a sneaking suspicion that he could have manipulated his income to get round the order.

Rosie500

Thanks for this but I'm uncertain how to advise you without sight of the 2001 order and the most recent order for wide ranging disclosure

The fact that there is a relatively recent order for wide ranging disclosure means that the divorce court retains power to assist you. This is important if your ex has been able to manipulate his pension.

Clearly there is a lot of background to your case and this makes giving advice less than straightforward. If the problem with the attachment of earnings/pension order has been a glitch which is going to be resolved in time, you'd be best staying with the attachment order. If, on the other hand, your ex has manipulated matters so that you won't be getting anything under that order ( which sounds in character for him), you may be best trying to reactivate the most recent order for disclosure.

I can't suggest how you would do this without seeing the order.

[Rosie500]

Re: Ex's former employers haven't paid pension sharing for two months. Advice please

Hi I have today contacted the County Court for a copy of the 2015 wide ranging order that the judge raised. I should be able to get back to you with an extract of the 2001 court order within the next couple of days. My ex gets his pension payment this week so it will be interesting to see if I get a remittance advice from CAPS on or around the 18/19th of this month if not then I think my suspicions will be right. Once I receive the copy of the 2015 Court order then I will send you an extract.


Rosie500

[Rosie500]

Re: Ex's former employers haven't paid pension sharing for two months. Advice please

Hi I have been in contact with CAPS who advised me that they had contacted my ex's employers stating that if they didn't respond by the 5th of October the matter would be referred to the County Court. I have since spoken to CAPS on Thursday they advised me to contact the County Court which I did and was told that the matter is now with the judge and that they will phone me next week to let me know what is going to happen.

Will let let you know what they are going to do.

Rosie500

[retired solicitor]

Re: Ex's former employers haven't paid pension sharing for two months. Advice please

Hi I have been in contact with CAPS who advised me that they had contacted my ex's employers stating that if they didn't respond by the 5th of October the matter would be referred to the County Court. I have since spoken to CAPS on Thursday they advised me to contact the County Court which I did and was told that the matter is now with the judge and that they will phone me next week to let me know what is going to happen.

Will let let you know what they are going to do.

Rosie500

That's good.... might as well wait for now for the outcome of this but if you don't like the outcome, post a copy of the last divorce court order when you next post, I presume that you have received this by now

[Rosie500]

Re: Ex's former employers haven't paid pension sharing for two months. Advice please

That's good.... might as well wait for now for the outcome of this but if you don't like the outcome, post a copy of the last divorce court order when you next post, I presume that you have received this by now

Hi i haven't received the copy I requested of the 2015 Court Order. The court asked for my full postal address which I gave them but to date have not received the order. I am going to chase this they are like snails in full gallop!! Once I get the order I will post an extract of it.

Will keep you you posted once I know what is happening. I still feel strongly that my ex is at the bottom of all this. He has tried his utmost to stop me from getting this money. The court can issue his former employers with a summons, if that happens they will need to admit exactly what happened. It will all come out in the wash! He needs Judge Rinder after him!! He wouldn't take any messing with him.

Keep you posted

Rosie500

[Rosie500]

Re: Ex's former employers haven't paid pension sharing for two months. Advice please

Hi i haven't received the copy I requested of the 2015 Court Order. The court asked for my full postal address which I gave them but to date have not received the order. I am going to chase this they are like snails in full gallop!! Once I get the order I will post an extract of it.

Will keep you you posted once I know what is happening. I still feel strongly that my ex is at the bottom of all this. He has tried his utmost to stop me from getting this money. The court can issue his former employers with a summons, if that happens they will need to admit exactly what happened. It will all come out in the wash! He needs Judge Rinder after him!! He wouldn't take any messing with him.

Keep you posted

Rosie500

Hi I have received notification from CAPS that my ex husband's employers are being summonsed by the County Court and could possibly be fined. They have offered no explanation as to why payments have stopped. My guess is my ex is at the bottom of this. It will all come out in the wash! Onwards and upwards!

Will let you know when I hear anything.


Rosie500

[retired solicitor]

Re: Ex's former employers haven't paid pension sharing for two months. Advice please

Hi I have received notification from CAPS that my ex husband's employers are being summonsed by the County Court and could possibly be fined. They have offered no explanation as to why payments have stopped. My guess is my ex is at the bottom of this. It will all come out in the wash! Onwards and upwards!

Will let you know when I hear anything.


Rosie500

Please do.

[Rosie500]

Re: Ex's former employers haven't paid pension sharing for two months. Advice please

Please do.

Hi I phoned the court a few days ago they stated that my ex's employers have until the 7th November to produce payment slips tax returns etc. I thought from reading CAPS's notification that they were going to be summonsed to court. Apparently it all rests on whether they comply with the request made by the court for evidence of pay etc. I will phone the court on Tuesday and see what the position is. This is seriously doing my head in!

Rosie500

[Rosie500]

Re: Ex's former employers haven't paid pension sharing for two months. Advice please

Hi I phoned the court a few days ago they stated that my ex's employers have until the 7th November to produce payment slips tax returns etc. I thought from reading CAPS's notification that they were going to be summonsed to court. Apparently it all rests on whether they comply with the request made by the court for evidence of pay etc. I will phone the court on Tuesday and see what the position is. This is seriously doing my head in!

Rosie500

i have received a copy of a letter sent to my ex's employers.

"The Judge has asked that you confirm in writing, forthwith, what element of his gross income is Guaranteed Minimum Pension (GMP) and whether or not he is taxed on the GMP element, and if so at what rate".

i await with baited breath to see what they say.

This is has definitely got all the hallmarks of my ex stamped all over it! I feel he has lied so much he has got himself in a corner he won't be able to get out of.

I will ill keep you posted as to what his employers have to say. He should be on a tax allowance where he can have a tax free income up to a certain amount before he is taxed anything over and above that then he pays tax. I feel he has more coming in than he is letting on!

Rosie500

[Rosie500]

Re: Ex's former employers haven't paid pension sharing for two months. Advice please

Hi I forgot to say that when I went to Court in 2015 the judge issued a wide ranging order which required my ex to divulge information about his finances including tax returns, bank accounts etc. He did not comply with the order instead he went to a solicitor. It all seems strange that if he had nothing to hide why didn't he comply with the order. It makes me wonder if he is indeed manipulating his income. If so that would be the latest "dirty trick".

Rosie500

I have now heard back from the court and also from CAPS

Here is an extract of the Court Order

It is ordered that

"The Attachment of Earnings Order dated 23/11/15 is hereby further varied with effect from the next payment date such that the PER is set at £427.00 every four weeks.

The Attachment of Earnings Order that came from CAPS

"the court orders that you must deduct £700.00 per month (the normal deduction rate) from the defendant's earnings and send it to the address below until further order.

You must not deduct any money which would reduce your employee's net pay below £427.00 per month(the protected earnings rate).

Normal deduction and protected earnings rates may vary from time to time. This is because the Attachment of Earnings Act allows any shortfall to be carried over from pay day to pay day until it is cleared"

Just glad this is finally sorted. I expect my ex will create a fuss!

Rosie500

[Rosie500]

Still going!!! CAPS referred the matter to the County Court they referred it straight to the Judge. In February this year I received a Court Order for £700 every four weeks the Protected Earnings Rate was set at £427 every four weeks. In March I only received a payment of £65 April £64 May £65 June 65. The matter has now been referred back to the County Court AGAIN!!! there is a hearing listed for the 25th July. My ex is now living in Spain. He has applied to the Court to vary the Order (knowing him it sounds like he wants it varied to nothing!!) I have sent a statement to the Court detailing everything and also sent an email suggesting what could be taken from his pension and still leave him above the Protected Earnings Rate. I am quite sure he did not move from the UK to France (which is where he and his new partner first went) and then from France to Spain on buttons.

This is has only been what I can describe as a living hell. He seems relentless in his quest to stop me getting what I am legally entitled to.

I am hoping that after the hearing I never need to see the inside of the County Court again.

Will keep you posted

Rosie500

[ULA]

Thanks for the updated. Fingers crossed for the 25 July.

[Rosie500]

Thanks for the updated. Fingers crossed for the 25 July.

Hi went to court on Wednesday it was awful! My ex is in Spain I had to put up with him talking to the Judge on the phone. He did not comply with the court order that was issued, a hearing is going to take place in September for an hour! The judge told my ex that she was putting a Penal Notice on the court order and told him that if he did not comply with the order he would've held in contempt of court. He could face two years in prison or an unlimited fine. He certainly did not go from the UK to France and then from France to Spain on shirt buttons. He had his own property here so I would think that he has sold that and is probably living off the proceeds. I cannot imagine for one minute that he is only living on his company pension and state pension. I honestly do not know the best way to go on this. I know exactly what all Thisis about - control! By him causing all this trouble is a form of control. TheJudge said that something needs to be done so that we don't need to have anything to do with one another again. This whole situation is causing me a great deal of worry. Two years in prison would do him good!

Rosie500